# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-1944V

UNPUBLISHED

STACY CLAYTON,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 3, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C ., Memphis, TN , for

petitioner.

Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On December 19, 2018, Stacy Clayton f iled a petition for compensation under

the National Vaccine Injury Compens ation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the

“Vaccine Act”). Petitioner alleges that s he suffered a Shoulder Injury Related to

Vaccine Administration (“SIRVA”), resulting from adverse effects of an influenza (“flu”)

vaccine she received on November 1, 2017. Petition at 1. The case was assigned to

the Special Processing Unit of the Office of Special Masters.

On January 14, 2019, a ruling on entitle ment was issued, finding Petitioner

entitled to compensation for SIRVA. On June 3, 2020, Respondent filed a proffer on

award of compensation (“Pro ffer”) indicating Petitioner should be awarded $70,082.57

(comprised of $70,000.00 for pain and sufferi ng, and $82.57 for past out of pocket

medical expenses. Proffer at 1. In the Pr offer, Respondent repres ented that Petitioner

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 Fe deral Claims' website in accordance with the EGovernment 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), Pe titioner 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 mate rial 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 agrees with the proffered award. Id. Based on the record as a whole, I find that

Petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, I award Petitioner a lump

sum payment of $70,082.57 (comprised of $70,000.00 for pain and suffering and

$82.57 for past out of pocket expenses) in the form of a check payable to

Petitioner. This amount represents compensati on for all damages that would 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 c an 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

STACY CLAYTON

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

)

)

)

)

)

)

)

)

) No. 18

- 1944 V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On January 14, 2020 , respondent conceded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. On the same day , Chief Special Master

Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine

compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based

upon the evidence of record, respondent proffers that petitioner should be awa rded $ 70,082.57

.

The award is comprised of the following: $ 70 ,000.00 for pain and suffering , and $ 82.57 for past

out of pocket medical expenses

. Th is amount represent s all elements of compensation to which

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

- 15(a)

. Petitioner agrees.II. Form of the Award

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

a lump sum payment of $ 70,082.57 , 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,

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

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

s/ Alexis B. Babcock

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Telephone: (202) 616

- 7678

Dated: June 3, 2020

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.