# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 1007 V

(Filed: June 27, 2014 )

* * * * * * * * * * * * * * *

RAITHE PACE

, * UNPUBLISHED

*

Petitioner, * Special Master Dorsey

*

v. *

* Decision on Proffer; Damages;

SECRETARY OF HEALTH * Influenza (“Flu”) Vacc ine; Shoulder

AND HUMAN SERVICES, * Injury Related to Vaccine

* Administration (“SIRVA”).

Respondent. *

*

* * * * * * * * * * * * * * *

Maximillian J. Muller

, Muller Bra zil, LLP , Philadelphia, PA, for petitioner.

Traci Patton

, United States Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On December 19, 2013, Raithe Pace (“petitioner”) filed a petition for compens ation

under the National Vacci ne Injury Compensation Program 2 alleging that she suffered from a left

shoulder injury that had been caused

- in

- fact by an influenza (“flu”) vaccine administered to her

on September 24, 2011. Petition at 1. On June 3, 2014, a Ruling on Entitlement was issued

based on respondent’s concession.

On June 25, 2014, respondent filed a Proffer on Award of Compensation. Respondent

proffers that, based upon her review of the evidence of record, petitioner should be awarded

1 B ecause this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this ruling on the website of the United States Court of Federal

Claims , in accordance with the E

- Government Act of 2002, Pub. L . No. 107

- 347, § 205, 116

Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by

Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any

information furnished by that party: (1) that is a trade secret or commercial or financial in

substance and is privileged or confidential; or (2) that includes medical files or similar files, the

disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule

18(b).

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42

U.S.C. §§ 300aa

- 10 et seq

. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual

section references will be to 42 U.S.C. § 300aa of the Act.$95,000 .00. Respondent states that petitioner agrees with the amount set forth in the Proffer.

Based on the record as a whole, the undersigned finds that petitioner is entitled to an

award as stated in the Proffer. Pursuant to th e terms stated in the attached P roffer, the

undersigned awards petitioner:

A lump sum payment of $95,000.00

, in the form of a check payable to

petitioner, Raithe Pace. This amount accounts for all elements of

compensation under 42 U.S.C. § 300aa

- 15(a) to which petitioner would be

enti tled.

Proffer ¶ II

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

the court SHALL ENTER JUDGMENT herewith. 3

IT IS SO ORDERED.

s/ Nora Beth Dorsey

Nora Beth Dorsey

Special Master

3 Pursuant to Vaccine Rule 1 1(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.

2IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

RAITHE PACE,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN

SERVICES,

Respondent. )

)

)

)

)

)

)

)

)

)

) No. 13

- 1007V

Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded

$ 95 ,000.00. This amount represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.

II. Form of the Award

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

through a lump sum payment as de scribed below, and request that the special master’s decision

and the Court’s judgment award the following: 1

A. A lump sum payment of $ 95 ,000.00 in the form of a check payable to petitioner, Raithe

Pace . This amount accounts for all elements of compensation under 42 U.S.C.

§ 300aa

- 15(a) to which petitioner would be entitled.

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

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 and future pain and suffering. Case 1:13-vv-01007-UNJ Document 19 Filed 06/25/14 Page 1 of 2Respectfully submitted,

STUART F. DELERY

Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

ALTHEA W. DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

s/T raci R. Patton

TRACI R. PATTON

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

Ben Franklin Station, P.O. Box 146

Washington, D.C. 20044

- 0146

Tel.: (202) 353

- 1589

DATE: June 25 , 2014

2 Case 1:13-vv-01007-UNJ Document 19 Filed 06/25/14 Page 2 of 2