# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1534 V

UNPUBLISHED

JAMIE BLAYL OCK

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 6, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Lawrence D

. Greenbaum

, McAnany, Van Cleave & Phillips, P.A.

, Kansas , K S , for

P etitioner.

James Vincent Lopez

, U.S. Department of Justice, Washington, DC, f or R espondent.

DECISION AWARDING DAMAGES 1

On October 4, 201 8

, Jamie Blaylock 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 injuries

, including shoulder injury

related to vaccine administration (SIRVA), resulting from the adverse effects of an

influen za vaccination received on October 4, 20 16

. Petition at 1 . The case was

assigned to the Special Processing Unit of the Office of Special Masters.

On October 25, 2019

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for SIRVA . On February 5, 2020

, R espondent filed a p roffer

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

$ 91

, 906.04

. Proffer at 1

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 o f 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 subparagraph of 42 U.S.C. §

300aa (2012).2

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 $ 91,906.04 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 filing of notice

renouncing the right to seek review.

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JAMIE BLAYLOCK

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 18

- 1 534 V

Chief Special Master Corcoran (SPU)

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On October 24, 2019 , respondent filed a Rule 4(c) Report conceding that petitioner is

entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Admini stration

(“SIRVA”) injury suffered following receipt of an influenza vaccination on October 4 , 2016

. On

October 25, 2019, a Ruling on Entitlemen t, adopting respondent’s recommendation, was issued.

Based upon the evidence of record, respondent proffers that petitioner 1 should be

awarded $ 91

, 906

. 04

. This is comprised of pain and suffering ($ 90

, 0 00 ) and past unreimbursed

out

- of

- pocket medical expenses ($ 1 ,906.04 ), and represents all elements of compensation to

which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a). 2 Petitioner agrees.

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

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

for appropriate relief. Case 1:18-vv-01534-UNJ Document 36 Filed 02/05/20 Page 1 of 2II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through:

a lump sum of $ 91

, 906

. 04 in the form of a check payable to petitioner. This

amount represents compensation for all damages that would be available under 42

U.S. C. § 300aa

- 15(a).

Petitioner agrees.

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

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/ JAMES V. LOPEZ

James V. Lopez

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 3655

Fa x: (202) 616

- 4310

Email: james.lopez@usdoj.gov

Dated: February 5, 2020 Case 1:18-vv-01534-UNJ Document 36 Filed 02/05/20 Page 2 of 2