# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-1068V

Filed: September 7, 2017

UNPUBLISHED

LINDA HAGANS,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Jeffrey S. Pop, Jeffrey S. Pop & Asso ciates, Beverly Hills, CA, for petitioner.

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On August 26, 2016, petitioner filed a petition for compensation under the

National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the

“Vaccine Act”). Petitioner alleges that she received an influenza (“flu”) vaccination on

October 29, 2015 and subsequently suffered a shoulder injury related to vaccine

administration (“SIRVA”). Petition at 1. The case was assigned to the Special

Processing Unit of the Offi ce of Special Masters.

On August 28, 2017, a ruling on entitlement was issued, finding petitioner entitled

to compensation for a SIRVA. On Sept ember 7, 2017, respondent filed a proffer on

award of compensation (“Proffe r”) indicating petitioner should be awarded $127.996.77.

Proffer at 1. In the Proffer, respondent represented that petit ioner agrees with the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the

undersigned intends to post it on the United States Cour t 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). In accordance with Vaccine Rule 18(b), petitioner has 14 days to

identify and move to redact medical or other inform ation, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits

within this definition, the undersigned 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 proffered award. Based on the record as a whole, the undersigned finds that petitioner

is entitled to an award as stated in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $127,996. 77 in the form of a check payable to

petitioner, Linda Hagans. This amount represents compens ation for all damages that

would be available un der § 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 c an be expedited by the parties’ joint filing of notice

renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

LINDA HAGANS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. N o. 1 6

- 1068 V

Chief Special Master Dorsey

ECF

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

O n August 26, 2016, Linda Hagans (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1

to

- 34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to

compensation in his R ule 4(c) Report filed o n August 21 , 2017. Based on Respondent’s Rule

4(c) Report, o n August 28 , 2017

, the Chief Special Master found petitioner entitled to

compensation.

I. Items of Compensation

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

awarde d $ 127,996.77 , which represents all elements of compensation to which petitioner

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

- 15(a). Petitioner agrees.2 II. Form of the Award

Respondent recommends that the compensation prov ided to petitioner should be made

through a lump sum pa yment of $127,996.77 in the form of a check payable to petitioner. 1

Petitioner agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

CHAD A. READLER

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/ Jennifer L. Reynaud

JENNIFER L. REYNAUD

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washi ngton, D.C. 20044

- 0146

Tel: (202) 305

- 1586

Date: September 7 , 2017

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 expenses, future pain and suffering, and future lost wages.