# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 0728 V

Filed: May 9, 2019

UNPUBLISHED

LING CHEN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC , for

petitioner.

Jennifer Leigh Reynaud , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On June 1, 2017

, petitioner filed a petition for compensation under the National

Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 (the “Vaccine

Act”). Petitioner alleges that she suffered a left shoulder injury causally related to an

adverse reaction to the influenza vaccine she received on January 28, 2016 . Petit ion at

¶ ¶ 1

- 2, 6. The case was assigned to the Special Processing Unit of the Office of

Special Masters.

On April 30, 2018

, a ruling on entitlement was issued , finding petitioner entitled to

compensation for her left shoulder injury . On May 9, 2019 , respondent filed a p roffer on

a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 81,629. 1 3

,

1 The un dersigned intends to post this decision on the United States Court of Federal Claims' website.

This means the decision will be available to anyone with access to the internet. In accordance with

Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information,

the disclosure of which would constitute an unwarranted invas ion of privacy. If, upon review, the

undersigned agrees that the identified material fits within this definition, the undersigned will redact such

material from public access. Because this unpublished decision contains a reasoned explanation for the

actio n in this case, undersigned is required to post it on the United States Court of Federal Claims'

website in accordance with the E

- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal

Management and Promotion of Electronic Government Services)

.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 St at. 3755. Hereinafter, for

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).2

representing compensation in the amount of $80,000 .00 for actual and projected pain

and suffering and $1,629. 1 3 for past unreimbursable expenses

. Proffer at 1

. In the

Proffer, respondent represented that petitioner agrees with the proffered award. Id. at

2. Based on the record as a whole, the undersigned finds that petitioner is entitled to an

award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned award s

p etitioner a lump sum payment of $ 81, 6 2 9.13 , representing compensation in the

amoun t of $80,000.00 for actual and projected pain and suffering and $1,629.13

for actual unreimbursable expenses, in the form of a check payable to petitioner,

Ling Chen

. This amount represents compensation for all damages that w ould be

available under § 15 (a)

.

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice

renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

LING CHEN

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 1 7

- 728 V

Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF DAMAGES

On June 1, 2017

, Ling Chen (“petitioner”) filed a petition for compensation (“Petition”)

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34

(“Vaccine Act” or “Act”), as amended. Respondent c onceded petitioner’s entitlement to

compensation in his Rule 4(c) Report filed on April 30 , 2018. Based on Respondent’s Rule

4(c) Report

, the Chief Special Master found petitioner entitled to compensation.

I. Items of Compensation

A

. Pain and Suffering

Respondent proffers that petitioner should be awarded $80 ,000.00 in actual and

projected pain and suffering. This amount reflects that any award for projected pain and

suffering has been reduced to net present value. See 42 U.S.C. § 300aa

- 15(a)(4). Pe titioner

agrees.

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents her expenditure of past unreimbursable

expenses related to her vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount of $ 1,629.13 . Petitioner agrees.2 II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $ 81,629.13 , in the form of a check made payable to

petitioner

. 1 This lump sum payment represents all elements of compensation to which

petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

s/Jennifer L. Reynaud

JENNIFER L. REYNAUD

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washing ton, D.C. 20044

- 0146

Tel: (202) 305

- 1586

Date: M ay 9 , 2019

1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the

Court for appropriate relief

. In particular, respondent would oppose any award for future

medical expenses, future lost earnings, and future pain and suffering

.