# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 0960 V

UNPUBLISHED

WILIAN MACHADO

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 23, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Kristina E. Grigorian, Jeffrey S. Pop & Associates, Beverly Hills, CA , for P etitioner.

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

DECISION AWARDING DAMAGES 1

On July 2, 2019

, Wilian Machad o 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 he suffered a shoulder injury related to vaccine

administration ( “ SIRVA ” ) as a result of an influ enza ( “ flu ” ) vaccine administered on

Oc tober 13, 20 18

. Petition at 1

. The case was assigned to the Special Processing Unit of

the Office of Special Masters.

On November 5, 2020

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for SIRVA . On February 23, 2021

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 50,600.63

(comprised of $50,000.00 in actual and projected pain and suffering and $600.63 for past

unreimbursable expenses)

. Proffer at 1

- 2

. In the Proffer, R espondent represented that

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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

P etitioner agrees with the proffered award. Id. at 2. Based on the recor d 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 $ $50,600.63 (comprised of $50,000.00 in actual and projected pain

and suffering and $600.63 for past unreimbursable e xpenses) 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.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

WILIAN MACHADO

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 1 9

- 960 V

Chief Special Master Corcoran

ECF

PROFFER ON AWARD OF DAMAGES

On July 2, 2019, Wilian Machado (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

-

34 (“Vaccin e Act” or “Act”), as amended. Petitioner alleged that he suffered a Shoulder Injury

Related to Vaccine Administration (“SIRVA”) following his receipt of an influenza vaccine on

October 13 , 2017 8

. Respondent conceded that petitioner’s alleged injury satis fies the criteria of

the Vaccine Injury Table, and therefore conceded petitioner’s entitlement to compensation in his

Rule 4(c) Report filed o n November 5, 2020

. Based on Respondent’s Rule 4(c) Report the Court

found petitioner entitled to compensation.

I. Item s of Compensation

A

. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 50 ,0 00.00 in actual and projected

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

been reduced to net pres ent value. See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents his expenditure of past unreimbursable2 expenses related to his vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount of $ 600.63

. Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $ 50,6 00 .63

, 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. § 300 aa

- 15(a). 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 Di rector

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

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

Washington, D.C. 20044

- 0146

Date: February 23, 2021 Tel: (202) 305

- 1586

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

.