# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0826 V
UNPUBLISHED

CATHY BOYD

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: October 28, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Sarah Christina Duncan , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On July 8, 2020

, Cathy Boyd 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 Table shoulder injury related to vaccine administration (SIRVA) as the result of an influenza ( “ flu ” ) vaccination she received in her left shoulder on November 19, 2018

. Petition at 1

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

On October 22, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for a left SIRVA . On October 28, 2021

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 50,500.00

. Proffer at 2

.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). This means the D ecision 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 invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Specifically

, Re spondent proffers that Petitioner be awarded $50,000.00 in actual pain and suffering and $500.00 in past unreimbursable expenses

. Id . at 1

- 2

In the Proffer, R espondent also represented that P etitioner agrees with the proffered award. Id. at 2. Based on the record as a whole, I find that P etitioner is entitled

to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump sum payment of $ 50,500.00 in the form of a check payable to P etitioner

. This amount represents compensation for all damages that w ould be available under Section 15 (a)

.

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran 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 CO URT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

CATHY BOYD,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. 20-826V Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On July 8, 2020, Cathy Boyd (“petitioner”) filed a petition for compensation under the

National Childhood Vaccine Injury Act of 1986, 42 U. S.C. §§ 300aa-1 to -34 (“Vaccine Act” or

“Act”), alleging that she suffered a Table should er injury related to vaccine administration

(“SIRVA”), as the result of an influenza (“flu”) vaccination she received in her left shoulder on

November 19, 2018. Petition at 1. On October 22, 2021, the Secretary of Health and Human

Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded,

and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to

compensation the same day. ECF No. 25; ECF No. 26.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner shoul d be awarded $50,000.00 in actual pain and

suffering. Petitioner agrees.

B. Past Unreimbursable Expenses

Evidence supplied by petiti oner documents Cathy Boyd’ s expenditure of past

unreimbursable expenses related to her vaccine -related injury. Respondent now proffers that,2 based on the Chief Special Master’s entitlement decision and the evidence of record, petitioner

should be awarded past unrei mbursable expenses in the amount of $500.00, as provided under

the Vaccine Act, 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees.

These amounts represent all elements of co mpensation to which petitioner is entitled

under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award

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

Respondent recommends that the compensation pr ovided to petitioner sh ould be made through a

lump sum payment as described below and request s that the Chief Special Master’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $50,500.00, representing

compensation for pain and suffering ($50,000.00), and past unreimbursable expenses ($500.00),

in the form of a check payable to petitioner, Cathy Boyd.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Cathy Boyd: $ 50,500.00

Respectfully submitted,

BRIAN M. BOYNTON Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

1 Should petitioner die prior to en try of judgment, the parties rese rve 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.3 TRACI R. PATTON

Assistant Director Torts Branch, Civil Division

s/ Sarah C. Duncan

SARAH C. DUNCAN 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) 514-9729 Email: sarah.c.duncan@usdoj.gov

DATED: October 28, 2021