# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1290 V

UNPUBLISHED

A ZIZA WALKER

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: September 21, 2021

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 & Associates, Beverly Hills, CA , for Petitioner.

Althea Walker Davis , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On August 27, 2019

, Aziza Walker 2 filed a petition for compensation under the

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

- 10, et seq. 3 (the

“Vaccine Act”) . Petitioner alleges that she suffered a right shoulder injur y related to

vaccine administration ( “ SIRVA ” )

. Petition at ¶ 1

. The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On February 9, 2021

, a ruling on entitlement was issued , finding P etitioner entitled

to compensation for her right shoulder S IRVA injury

. E CF No. 30. On September 20,

2021

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating

P etitioner should be awarded $ 87,500.00 for her pain and suffering

. Proffer at 1

. In the

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 D ecision 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 At the time of filing, Petitioner ’s name was Aziza Adam s. ECF No. 1. On August 18, 2021, the caption of

the case was changed to reflect her name change to Aziza Walker. ECF No. 41.

3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, for ease

of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 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 $ 87,500.00 in the form of a check payable to P etitioner

. This amount

represents compensation for all damages that w ould be available under Section 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

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

AZIZA WALKER, )

)

Petitioner, ) No. 19

- 1290V

) Chief Special Master

v. ) Brian H. Corcoran

) SPU

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On August 27 , 2019, Aziza Walker 1 (“petitioner”) filed a petition for compensation

(“Petition”) under the Na tional 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 Rule 4(c) Report filed on February 8, 2021

. ECF No. 29. Based on

Responden t’s Rule 4(c) Report, on February 9 , 2021

, Chief Special Master Corcoran f ound

petitioner entitled to compensation for her right shoulder SIRVA injury

. ECF No. 30.

I. Items of Compensation

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

$ 87,500.00 for petitioner’s pain and suffering. This represents 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

Respondent recommends that the compensation provided to petitioner should be made

1 At the time that the petition was filed, petitioner’s name wa s Aziza Adams. ECF No. 1. On

August 18, 2021, the Court granted petitioner’s motion to amend the caption of her case to

reflect her name change to Aziza Walker, following the dissolution of her marriage. ECF No.

41.2 through a lump sum payment of $ 87,500.00

, in the form of a check made payable to petitioner

. 2

Petitioner agrees.

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

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

s/Althea Walker Davis

ALTHEA WALKER DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Departm ent of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 616

- 0515

Althea.Davis@usdoj.gov

DATED: September 20, 2021

2 Should petitioner die prior to the 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 lost earnings, and future pain and suffering

.