# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-0670V

Filed: May 8, 2018

UNPUBLISHED

CHRISTINE PEARSON,

Petitioner,

v.

SECRETARY OF HEALTH

AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Cliff John Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA), for petitioner.

Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On May 22, 2017, Christine Pears on (“petitioner”) filed a petition for

compensation under the National Vaccine Inju ry 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 (“S IRVA”) as a result of an influenza (“flu”)

vaccine she received on October 13, 2016. Peti tion at 1-2. The case was assigned to

the Special Processing Unit of the Office of Special Masters.

On January 11, 2018, a ruling on entitle ment was issued, finding petitioner

entitled to compensation for SIRVA. On May 8, 2018, respondent filed a proffer on

award of compensation (“Proffe r”) indicating petitioner should be awarded $75,289.59.

Proffer at 1. In the Proffer, respondent represented that petit ioner agrees with 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 Cour t 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 inform ation, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, t he 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 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 stat ed in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $75,289. 59, in the form of a check payable to

petitioner, Christine Pearson. This amount represents co mpensation for all damages

that would be availabl e 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 c an 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

No. 17

- 670 V

Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 24, 2018, the Chief Special Master issued a Ruling on Entitlement finding

petitioner entitled to damages in this case. Respondent now proffers that petitioner receive an

award of a lump sum of $ 75,289.59 in the form of a check payab le 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 This proffer does not address final attorneys’ fees and litigation

costs. Petitioner is additionally entitled to reasonable attorneys’ fees and litigation costs, to be

determined at a later date upon petitioner submitting substantiating documentation.

P etitioner agrees with the proffered award of $ 75,289.59 as representing all elements of

compensation under 42 U.S.C. § 300aa

- 15(a) to which petitioner is entitled.

Respectfully submitted,

CHAD A. READLER

Acting Assistant Attorney General

C. SALVATORE D`ALESSIO

Acting Director

Torts Branch, Civil Division

1 Should petitioner die prior to the entry of judgment, the parties reserv e 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. CHRISTINE PEARSON,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

s/Camille M. Collett

CAMILLE M. COLLETT

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

(202) 616

- 4 098

DATE: May 8 , 2018