# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 16-84V Filed: May 18, 2016
UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * CHERYL ZUPON, *
* Petitioner, * Damages Decision Based on Proffer; v. * Influenza (“Flu”) Vaccination; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA ”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”)
* Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul R. Brazil, Muller Brazil, LLP, for petitioner. Traci R. Patton, U.S. D epartment of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On January 15, 2016, petitioner filed a petition for compensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffered tendonitis, bursitis and adhesive capsulitis as a result of her October 28, 2014 influenza (“flu”) va ccination. Petition at 1. The case was assigned to the Special Processi ng Unit of the Office of Special Masters.

On May 6, 2016, a ruling on ent itlement was issued, finding petitioner entitled to compensation for shoulder injury related to vaccine administration (“SIRVA”). On May 17, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $80, 000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Based on 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 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 $80,000. 00 in the form of a check payable to petitioner, Cheryl Zupon. This amount represents compens ation for all damages that
would be available un der § 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 CO URT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

CHERYL ZUPON,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) No. 16-84V Chief Special Master Dorsey
ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded

$80,000.00. This amount represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.

II. Form of the Award

The parties recommend that the compensati on provided to petitioner should be made

through a lump sum payment as described below, and request that the sp ecial master’s decision

and the Court’s judgment award the following: 1

A. A lump sum payment of $80,000.00 in the form of a check payable to petitioner, Cheryl Zupon. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.

Petitioner is a competent adult. Evidence of guardianship is not requ ired in this case.

1 Should petitioner die prior to entry of judgment, the parties reserve the ri ght to move the Court for appropriate relief. In particular, res pondent would oppose any award for future medical expenses, future lost earnings, a nd future pain and suffering.2 Respectfully submitted,

BENJAMIN C. MIZER Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA
Director Torts Branch, Civil Division

VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division

HEATHER L. PEARLMAN Senior Trial Attorney Torts Branch, Civil Division

s/Traci R. Patton
TRACI R. PATTON Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice Ben Franklin Station, P.O. Box 146 Washington, D.C. 20044-0146 Tel.: (202) 353-1589

DATE: May 17, 2016