# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1689 V

UNPUBLISHED

ANTHONY PARTEE

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 4, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Jerome A. Konkel, Samster, Kon kel & Safran, S.C., Milwaukee, WI , for petitioner.

Adriana Ruth Teitel

, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On November 1, 2018

, Anthony Partee filed a petit io n for compensation under the

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

- 10, et seq

. 2 (the

“Vaccine Act”). Petitioner alleges that he suffered shoulder injuries related to vaccine

administration (“SIRVA”) a s a result of an influenza vaccine received on October 25,

2017 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office

of Special Masters.

On September 23, 2020

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for SIRVA . On December 30, 2020

, R espondent filed a p roffer

on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 87,500.00

for pain and suffering

. Proffer at 1

. In the Proffer, R espondent represented that P etitioner

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 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 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 “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa

(2012 ).2

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.

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

sum payment of $ 87,500.00 (for pain and suffering) in the form of a check payable

to P etitioner

. 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/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 fil ing of notice

renouncing the right to seek review.1 

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

ANTHONY PARTEE,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 18-1689V

Chief Special Master Corcoran (SPU)

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On September 22 , 2020, respondent filed a Rule 4(c) Report conceding that petitioner is

entitled to vaccine compensation for a Table injury of Shoulder Injury Related to Vaccine

Administration suffered following receipt of an influenza vaccination on October 25, 2017. E CF

No. 29. A Ruling on Entitlement was issued the next day, September 23 , 2020. ECF No. 30.

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

$87,500.00 for pain and suffering. This award represents all elements o f compensation to which

petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 1 Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $87,500.00 in the form of a check payable to petitioner. 2

Petitioner agrees.

1 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court

for appropriate relief.

2 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.2 Respectfully submitted,

JEFFREY BOSSERT CLARK

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/ Adriana Teitel

ADRIANA TEITEL

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, DC 20044-0146

Tel: (202) 616-3677

Dated: December 30, 2020