# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 709 V

Filed: March 12, 2019

UNPUBLISHED

JANNIE OWENS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Bursitis

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA , for petitioner.

Jennifer Leigh Reynaud , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On May 30, 2017

, 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”) . Petitioner alleges that she suffered a shoulder injury related to vaccine

administration (“SIRVA”) as a result of her September 19, 2016 influenza (“flu”)

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

Office of Special Masters.

On June 12, 2018

, a ruling on entitlement was issued , finding petitioner entitled

to compensation for bursitis . On March 8, 2019 , respondent filed a p roffer on a ward of

compensation (“Proffer”) indicating petitioner should be awarded $ 122,000.00

. Proffer

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 information,

the disclosure of which would constitute an unwarranted invas ion 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 Because this unpublished decision contains a reasoned explanation for the

actio n 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) (Federal

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 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 $ 122,000.00 in the form of a check payable to

petitioner, Jannie Owens

. 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.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JANNIE OWENS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 1 7

- 709 V

Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF DAMAGES

On May 30, 2017

, Jannie Owens (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

-

34 (“Vaccin e Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to

compensation in his Rule 4(c) Report filed o n June 11 , 2018

. Based on Respondent’s Rule 4(c)

Report the Chief Special Master found petitioner entitled to compensation.

I. Items of Compensation

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

$122,000.00 , which 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

Resp ondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $ 122,000.00

, in the form of a check made payable to petitioner

.

1 Petitioner agrees.

1 Should petitioner die prior to the entry of judgment, the parties reserve 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

.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

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

s/ Jennifer L. Reynaud

JENNIFER L. REYNAUD

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 305

- 1586

Date: Marc h 8 , 2019