# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1647 V

UNPUBLISHED

JANI S GEIST

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 11, 2022

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine ; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Zoe Wade , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On November 23, 2020, Janis Geist filed a petition for compensation under the

Na tional Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq. (the

“Vaccine Act”). Petitioner alleges that she suffered a left shoulder injury related to vaccine

administration (“SIRVA”), a defined Table Injury, after receiving the influenza (“ flu”)

vaccine on September 21, 2019. Petition at 1, ¶¶ 1, 11. The case was assigned to the

Special Processing Unit of the Office of Special Masters.

On January 5, 2022

, a ruling on entitlement was issued , finding P etitioner entitled

to compensation for her SIRV A . On February 11, 2022

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 51,368.06,

representing $50,000.00 for pain and suffering and $1,368.06 for past unreimbursable

expenses

. Proffer at 1

- 2

. In the Proffer, R espondent represented that P etitioner agrees

with the proffered award. Id. Based on the record as a whole, I find that P etitioner is

entitled to an award as stated in the Proffer.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 f its within this definition, I will redact such material from

public access.2

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 51,368.06 , representing $50,000.00 for pain and suffering and

$1,368.06 for past unreimbursable expenses 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 Court is directed to enter judgment in accordance with this decision. 2

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

2 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

__________________________________________ )

JANIS GEIST

, )

)

Petitioner, )

) No. 20

- 1 647 V (ECF)

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On November 23, 2020, Janis Geist (“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 S houlder I njury R elated to Vaccine Administration

(“SIRVA”)

, as defined in the Vaccine Injury Tabl e, following administration of an influenza

va ccine she received on September 21, 2019. Petition at 1

. On January 5, 2022, the Secretary of

Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is

appropriate for com pensation under the terms of the Act for a SIRVA Table injury, and on

January 5, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner

entitled to compensation. ECF No. 17; ECF No. 18.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 50,0 00.00 in pain and suffering.

See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable

expens es related to her vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount of $1,368.06. See 42 U.S.C. § 300aa

15(a)(1)(B). Petitioner agrees.

These amounts represent all elements of compen sation 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 required in this case.

Respondent recommends that the compensation provided to petitioner should be made through a

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

the Court’s judgment award the following 1 : a lump sum payment of $51,368.06, in the form of a

check payable to petitioner.

III. S ummary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Amy Hansen: $51,368.06

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

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.3 HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/ s/ Zoë R. Wade

ZOË R. WADE

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, DC 20044

- 0146

Tel.: (202) 616

- 4118

zoe.wade@usdoj.gov

Date: February 11 , 2022