# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 886 V

Filed: Novem ber 19 , 2015

U NPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

CHRISTINE REDLINGER

, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza ( “ Flu ” ) Vaccine ;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration ( “ SIRVA ” );

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Paul Brazil, Muller Brazil, LLP, Philadelphia, PA

, for petitioner.

Christine Becer

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

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On August 17, 2015

, p etitioner filed a petition for compensation under the

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

- 10, et seq

. , 2 [ the

“Vaccine Act” or “Program”]. Peti tioner alleges that she suffered a shoulder injury

related to vaccine administration (“SIRVA”) resultin g from the influenza vacci nation she

received on October 9 , 2014. Petit ion at 1

. The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On November 5 , 2015

, a ruling on entitlement was issued , finding that petitioner

was entitled to compensation. On November 19 , 2015 , respondent filed a p roffer on

a ward of compensation [“Proffer”] statin g that petitioner should be awarded $80,000.00

for pain and suffering and unreimbursed medical expenses

. Proffer at 1

. According to

respondent’s Proffer, petitioner agrees to the proposed award of compensation. Id.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I inte nd

to post it on the United States Court of Federal Claims' website, in accordance with the E

- Government

Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amende d at 44 U.S.C. § 3501

note (2006 )) . In accordance with Vaccine Rule 18(b), petitioner has 14 day s 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 ag ree that the identified material fits withi n 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, fo r ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).2

Pursuant to the terms stated in the attached Proffer, the undersigned awards

petiti oner a lump sum payment o f $8 0,000.00 in the form of a check payable to

petitioner, Christine Redlinger

, for pain and suffering and suffering and

unreimbursed medical expenses

. This amount represents compensation for all

damages that would be available 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 can be expedited by each party filing a notice

renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

CHRISTINE REDLINGER, )

)

Petitioner, )

) No. 15

- 886 V

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

$ 80,000.00 for pain and suffering and unreimbursed medical expenses , which represents all

elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a). 1

Petitioner ag rees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment of $ 80,000.00 in the form of a c heck payable to petitioner.

Petitioner agrees.

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 medical

e xpenses , future lost earnings, and future pain and suffering

. Case 1:15-vv-00886-UNJ Document 17 Filed 11/19/15 Page 1 of 22 Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

M ICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division

s/Christine Mary Becer

CHRISTINE MARY BECER

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) 616

- 3 665

Date: N ovember 19, 2015 Case 1:15-vv-00886-UNJ Document 17 Filed 11/19/15 Page 2 of 2