# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-0 285 V

Filed: December 28, 2016 Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

ANIBAL PINTO , *

* Petitioner, * Damages Decision B ased on Proffer;

* Influenza (“Flu”) Vaccine ; Shoulder

v. * Injury Related to Vaccine Administration

* (“SIRVA”); Special Processing Unit

SECRETARY OF HEALTH * (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA

, f or petitioner.

Ann D. Martin , U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On February 29, 2016

, Anibal Pinto ( “p etitioner ”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et

seq.

, 2 (the “Vaccine Act”)

. Peti tioner alleged that she suffered injuries to her left

shoulder as a result of an influenza (“flu”) vaccination she received on January 13

, 2015

. The case was assigned to the Special Processing Unit (“ SPU ”) of the Office of Special Masters.

On November 18, 2016 , t he undersigned issued a ruling on entitlement finding petitioner entitled to compensation for a shoulder injury related to vaccine administration (“ SIRVA ”)

. On December 28, 2016, respondent filed a p roffer on a ward of compensation (“Proffer”) indicating petitioner should be awarded $1 25,000.00

. Proffer

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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 agree s that the ident ified 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 at 1. In the Proffer, respondent represented that petitioner agrees with the proffered

award. Id. 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 petitioner a lump sum payment of $1 25,000.00 in the form of a check payable to petitioner, A nibal Pinto

. Th is amount represent s compensation for all damages that would be available under § 300aa

- 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ ) ANIBAL PINTO, ) ) Petitioner, ) ) No. 16-285V v. ) Chief Special Master Dorsey ) ECF

SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

$125,000.00, which represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa-15(a). 1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment of $125,000.00 in the form of a check payable to petitioner.

Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZER Principal Deputy Assistant Attorney General

C. S ALVATORE D’A LESSIO Acting 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 oppo se any award for future medical expenses, future lost earnings, and future pain and suffering.2 CATHARINE E. REEVES Acting D eputy Director Torts Branch, Civil Division

LISA A. WATTS

Senior Trial Attorney

Torts Branch, Civil Division

s/ A nn D. Martin

ANN D. MARTIN

Senior Trial Attorney

T orts Branch

, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146

DATED: December 28, 2016 Tel.: (202) 307-1815