# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1315 V

Filed: August 22, 2019

UNPUBLISHED

PENNY CULP

,

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)

S ummer Pop e Abel

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

petitioner.

Traci R. Patton , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On August 28, 2018

, 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”). Petitioner alleges that her receipt of an influenza (“flu”) vaccine in her

left deltoid on September 12, 2017, caused her to suffer an on

- Table shoulder injury

related to vaccine administration (“SIRVA”) . Petit ion at 1 . The case was assigned to

the Special Processing Unit of the Office of Special Masters.

On August 22, 2019

, a ruling on entitlement was issued , finding petitioner entitled

to compensation for SIRVA . On August 22, 2019 , respondent filed a p roffer on a ward of

1 The un dersigned intends to post this decision on the United States Court of Federal Claims' website.

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 informat ion,

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. Because this unpublished decision contains a reasoned explanation for the

action in this case, undersigned is 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) (Feder al

Management and Promotion of Electronic Government Services)

.

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 subpara graph of 42 U.S.C. §

300aa (2012 ).2

compensation (“Proffer”) indicating petitioner should be awarded $ 151,614.52

( comprised of $150,000.00 for pain and suffering and $1,614.52 for past out of pocket

medical expenses )

. Proffer 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 $ 151,614.52 ( comprised of $150,000.00 for pain

and suffering and $1,614.52 for past out of pocket medical expenses ), in the form

of a check payable to petitioner, Penny Culp

. 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

PENNY CULP,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

)

)

)

)

)

)

)

)

) No. 18

- 1315V

Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On August 16, 2019 , respondent conceded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. Chief Special Master Dorsey issued a Ruling on

Entitlement on August 22, 2019 , finding that petitioner was entitled to vaccine compensation for

her left

- sided shoulder injury. Based upon the evidence of record, respondent proffers that

petitioner should be awarded $ 151,614.52 . The award is comprised of $ 15 0,000.00 for pain and

suffering and $ 1,614.52 for past out of pocket medical expenses. This amount represents all

elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a).

Petitioner agrees.

II. Form of the Award

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

a lump sum payment of $ 151,614.52 , in the form of a check payable to petitioner. 1 Petitioner

agrees.

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 lost earnings

and future pain and suffering.2 Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/ Traci R. Patton

TRACI R. PATTON

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Telephone: (202) 353

- 1589

Dated: A ugust 22, 2019