# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -739V Filed: September 7, 2017
UNPUBLISHED

IRMA SALAS

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Damages Decision Based on Proffer; Tetanus Diphtheria acellular Pertussis (Tdap) , Hepatitis A (Hep A), Measles, Mumps, and Rubella (MMR) Vaccine s ; Shoulder Injury

Related to Vacc ine Administration (SIRVA)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On June 22, 2016

, Irma Salas (“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” or “Program”) . Petitioner alleged that s he suffered injuries to
her left shoulder after receiving the tetanus, diphtheria, acellular pertussis (“Tdap”), Hepatitis A (“Hep A”), and measles, mumps, and rubella (“MMR”) vaccines on October 16, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On November 7, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation for her shoulder injury related to vaccine administration ( “ SIRVA ” ). On September 7, 2017, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $60,000.00. Proffer at 1. In the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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, respondent represented that petitioner agrees with the proffered award. 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 awards petitioner a lump sum payment of $60,000.00 in the form of a check payable to petitioner, Irma Salas

. 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

IRMA SALAS,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. No. 16-739V Chief Special Master Nora Beth Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On November 4, 2016, respondent filed his Rule 4(c) Report, in which he recommended

that the Court find petitioner entitled to compensation, and on November 7, 2016, the Court

entered its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now

proffers that petitioner receive an award of a lump sum of $60,000.00 in the form of a check

payable to petitioner. This amount represents compensation for all elements of compensation

under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled. 1

Petitioner agrees with the proffered award of $60,000.00. 2

Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General

1 Should petitioner die prior to en try of judgment, the parties rese rve the right to move the Court for appropriate relief. In particular, res pondent would oppose any award for future medical expenses, future pain and sufferi ng, and future lost wages.

2 This proffer does not include any award for at torneys’ fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e).2 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/ RYAN D. PYLES

RYAN D. PYLES Trial Attorney Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-9847

Dated: September 7, 2017