# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 15-1211V Filed: November 22, 2016
UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * DIANN ALEXANDER, *
* Petitioner, * Damages Decision Based on Proffer; v. * Influenza (“Flu”) Vaccine; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA ”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”)
* Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Randall G. Knutson, Knutson and Casey Law Firm, Mank ato, MN, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Wash ington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On October 16, 2015, Diann Alexander (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleged that she suffered a shoulder injury, including tendinosis, as a result of an influenza (“flu”) vaccine she received on October 24, 2012. Petition at 1. The case was assigned to the Sp ecial Processing Unit of the Office of Special Masters.

On March 29, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation. On November 21, 2016, respondent filed a proffer on award of compensation (“Proffer”) indica ting petitioner should be awar ded $66,000.00. Proffer at 1. In the Proffer, resp ondent represented that petitioner agrees with the proffered

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 award. Based on the record as a whole, t he 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 $66,000. 00, in the form of a check payable to petitioner, Diann Alexander. This amount represents compensation for all damages
that would be availabl e 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 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

DIANN ALEXANDER,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. 15-1211V Chief Special Master Dorsey
ECF

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petiti oner should be awarded

$66,000.00, which represents all elements of compen sation to which petitioner would be entitled

under 42 U.S.C. § 300aa-15(a). 1 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 of $66,000.00, in the form of a ch eck payable to petitioner. Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZER Principal Deputy Assistant Attorney General

1 Should petitioner die prior to the entry of judgm ent, 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 C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

CATHARINE E. REEVES Acting Deputy Director Torts Branch, Civil Division

LYNN E. RICCIARDELLA Senior Trial Attorney 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 Fax: (202) 616-4310 DATED: November 21, 2016