# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17 -281V Filed: May 22, 2018
UNPUBLISHED

BRITTANY K. BROWN

,

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)

James Michael Brazas, Joel Bieber Firm, Richmond, VA, for petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On February 28, 2017

, 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 she suffered from a Shoulder Injury Related to Vaccine Administration (“SIRVA”)

. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 5, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for her shoulder injury. On May 18, 2018, respondent filed a proffer on

a ward of compensation (“Proffer”) indicating petitioner should be awarded $89,189.35. Proffer at 1. In the 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.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 Va ccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2

Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $89,189.35 in the form of a check payable to petitioner, Brittany K. Brown. This amount represents 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

BRITTANY K. BROWN

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN
SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) No. 17-281V Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On October 5 , 2017, respondent conceded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. On the same day, Chief Special Master Dorsey

issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for

her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based upon the evidence of

record, respondent proffers that petitioner should be awarded $89,189.35. The award is

comprised of the following: $85,000.00 for pain and suffering ; $ 83.89 for past out of pocket

medical expenses ; and $4,735.96 for past lost wages. Th is 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 $89,189.35 , in the form of a check payable to petitioner. 1 Petitioner

agrees.

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

Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General

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/ Alexis B. Babcock

ALEXIS B. BABCOCK

Assistant Director
Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 616-7678

Dated: May 18, 2018

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.