# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 17-484V Filed: August 15, 2018 UNPUBLISHED

BRUCE JOHNSON,

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)

Bruce William Slane, Law Office of Bruc e W. Slane, P.C., White Plains, NY, for petitioner. Amy Paula Kokot, U.S. Department of Just ice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On April 5, 2017, petitioner filed a petition for com pensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that he suffe red a shoulder injury related to vaccine administration (“SIRVA”) caused by an influen za (“flu”) vaccination administered on November 17, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 13, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On August 13, 2018, respondent filed a proffer on award of compensation (“Proffer”) indicati ng petitioner should be awarded $93,856.23 consisting of $92,500.00 for pain and su ffering, and $1,356.23 for out-of-pocket

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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 expenses. Proffer at 1. In the Proffer, respondent repr esented that petitioner agrees with the 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 $93,856. 23 in the form of a check payable to petitioner, Bruce Johnson. This amount represents co mpensation for all damages
that would be availabl e 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 c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.1 IN THE UNITED STATES CO URT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

) BRUCE JOHNSON, ) ) Petitioner, ) ) No. 17-484V (ECF) v. ) Chief Special Master Dorsey ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On August 10, 2018, respondent filed his Rule 4( c) Report conceding entitlement in the

above-captioned case. Chief Special Master Dorsey issued a Ruling on Entitlement on August 13,

2018, finding that petitioner was entitled to vaccine compensation for his Shoulder Injury Related

to Vaccine Administration (“SIRVA” ). Based on the evidence of record, respondent proffers that

petitioner should be awarded $93,856.23. Th is amount includes $92,500.00 for pain and

suffering, and $1,356.23 for out-of-pocket expenses, and it represents all elements of

compensation to which petitioner would be enti tled under 42 U.S.C. § 30 0aa-15(a). Petitioner

agrees.

II. Form of the Award

Respondent recommends that the compensati on provided to petitione r be made through a

lump sum payment of $93,856.23 in the form of a check payable to petitioner. 1 Petitioner agrees.

1 Should petitioner die prior to the entry of judgm ent, respondent reserves the right to move the Court for appropriate relief . In particular, respondent w ould oppose any award for future medical expenses, future pain and suffering, and future lost wages.2 Petitioner is a competent adult. Evidence of guardianship is not re quired 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/Amy P. Kokot
AMY P. KOKOT Trial Attorney Torts Branch, Civil Division U.S. Department of Justice
P.O. Box 146
Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 616-4118

Dated: August 13, 2018