# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 654 V

UNPUBLISHED

DONA KAPLAN, as Executrix of the

Estate of Harold Kaplan

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 10, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Mark Theodore Sadaka, Mark T. Sadaka, LLC, Englewood, NJ , for petitioner.

Ryan Daniel Pyles , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On May 2, 2019, Harold Kaplan filed a petition for compensation under the National

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

- 10, et seq. 2 (the “Vaccine

Act”)

. 3 Mr. Kaplan alleged that as a result of his October 2, 2017 influenza (“fl u”)

vaccination he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”).

See Petition at 1. The case was assigned to the Special Processing Unit of the Office of

Special Masters.

On December 10, 2020

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for SIRVA . On December 8, 2020

, R espondent filed a p roffer of

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am

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). 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 invasion of privacy.

If, upon review, I agree that the identified material fits within this definition, I will redact such material from

public access.

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

- 660, 100 Stat. 3755. Hereinafter, for ease

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa

(2012).

3 Dona Kaplan was substituted as Petitioner in this case on October 26, 2020, following the death of Mr.

Kaplan.2 compensation indicating P etitioner should be awarded $ 55,000.00

. Respondent’s Rule

4(c) Report Recommending Compensation and Pr offer of Compensation at 4 ( “ Proffer ” ).

In the Proffer, R espondent represented that P etitioner agrees with the proffered award.

Id. Based on the record as a whole, I find that P etitioner is entitled to an award as stated

in the Proffer.

Pursuant to the terms stated in the Proffer, I award P etitioner a lump sum

payment of $ 55,000.00 in the form of a check payable to P etitioner

. 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. 4

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

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

renouncing the right to seek review.