# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 8

- 1 383 V

UNPUBLISHED

R UTH THOMPSON

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 18, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for

petitioner.

Sarah Christina Duncan , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On September 11, 2018

, petitioner 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 a left shoulder injury that was

caused by an influenza (“flu”) vaccination in her left deltoid on November 1, 2017.

Petit ion at 1

. The case was assigned to the Special Processing Unit of the Office of

Special Masters.

On September 13, 2019

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for he SIRVA . On February 13, 2020

, R espondent filed a

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

$ 100 ,000.00, representing compensation for her actual and projected pain and

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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, 10 0 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

suffering

. 3 Proffer at 1

. 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.

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

sum payment of $ 100 ,000.00 , representing compensation for her actual and

projected 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. 4

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 The Proffe r indicates this a mount has been reduced to reflect the net presen t value of the amount of

compensation for Petitioner ’s p r ojected pain and suffering. See § 15(a)(4).

4 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

RUTH THOMPSON,

Petitioner

,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

)

)

)

)

)

)

)

)

)

)

) No. 18

- 1383V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On September 11 , 2018, Ruth Thompson (“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 s he suffered a Shoulder Injury Related to Vacci ne

Administration (“SIRVA ”) as a r esult of an influenza (“flu”) vaccine s he received on November

1, 2017 . Petition at 1. On September 11 , 2019, the Secretary of Health and Human Services

(“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation

und er the terms of the Act, and on September 13, 2019, the Chief Special Master issued a Ruling

on Entitlement finding petitioner entitled to compensation. ECF No. 28; ECF No. 29.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that Ruth Thompso n should be awarded $ 10 0,0 00.00 in actual and

projected pain and suffering. This amount reflects that the award for projected pain and

suffering has been reduced to net present value. See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner

agrees.2

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 Ruth Thompson 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 $ 100,000.00

,

representing comp ensation for pain and suffering, in the form of a check payable to petitioner,

Ruth Thompson

.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Ruth Thompson : $ 100,000.00

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

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 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: February 13, 2020