# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1380 V

UNPUBLISHED

JENNIFER JOYCE

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: March 29, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

P etitioner.

Mark Kim Hellie , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION AWARDING DAMAGES 1

On September 11, 2019

, Jennifer Joyce 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 shoulder injury related to vaccine

administration ( “ SIRVA ” ) as a result of an influe nza ( “ flu ” ) vaccine administered on

September 17, 2018

. Petition at 1

. The case was assigned to the Special Processing Unit

of the Office of Special Masters.

On January 22, 2021

, a ruling on entitlement was issued , finding P etitioner entitled

to compensation for SIRVA . On March 26, 2021

, R espondent filed a p roffer on a ward of

compensation (“Proffer”) indicating P etitioner should be awarded $ 85,540.00 (c omprised

of $85,000.00 for pain and suffering and $540.00 for unreimbursed medical expenses)

.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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).2

Proffer at 1

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

proffered award. Id. at 2. 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 attached Proffer, I award P etitioner a lump

sum payment of $ 85,540.00 (comprised of $85,000.00 for pain and suf fering and

$540.00) 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. 3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 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.

# In the United States Court of Federal Claims

O FFICE OF 

### S PECIAL 

### M ASTERS

JENNIFER JOYCE

,

Petitioner

, Case No. 19

- 1380 V (ECF)

v. C HIEF S PECIAL M ASTER

C ORCORAN

SECRETARY OF HEALTH

AND HUMAN SERVICES

,

Respondent

.



### R ESPONDENT 

### ’ S 

### P ROFFER ON 

### A WARD OF 

### C OMPENSATION

I. Procedural History

On January 2 2 , 202 1 , respondent filed a Vaccine Rule 4(c) report concluding that

Jennifer Joyce (“petitioner”) suffered an injury that is compensable under the National

Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa

- 10 to

- 34 (“the

Act”) . Accordingly, on January 22 , 2021 , the Chief Special Master issued a Ruling on

Entitlement, finding that petitioner was entitled to compensation under the Act.

I I. Items of Compensation and Form of the Award

Based upon the evidence of record, respondent proffers that petitioner should be

awarded $ 8 5, 54 0.00. The award is comprised of the following: $8 5,000.00 for pain and

suffering and $ 54 0.00 for unreimbursed medical expenses. This amount represents all

elements of compensation to which petitioner would be entitled under2

42 U.S.C. § 300aa

- 15(a) regarding her September 17 , 2018, influenza vaccination.

Petitioner agrees. 1

III. Form of the Award

The parties recommend that compensation provided to petitioner should be made

through a lump sum payment of $ 8 5

, 54 0.00, in the form of a check payable to petitioner.

Petitioner agrees.

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

case

.

Respectfully submitted

,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLM AN

Acting Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

1 Should petitioner die prior to 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.3 s/ Mark K. Hellie

MARK K. HELLIE

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, D.C. 20044

- 0146

T: (202) 616

- 4208

E: mark.hellie@usdoj.gov

DATED: March 2 6 , 2021