# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1617 V UNPUBLISHED

DEB ORAH ANN DUNATOV

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 7, 2020

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Robert D. Trzynka, Hovland, Rasmus, Brendtro & Trzynka, Prof. LLC, Sioux Falls, SD

, for petitioner.

Julia Marter Collison , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On October 18, 2018

, Deborah Ann Dunatov filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa

- 10, et seq

. 2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination received on October 26, 2016 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 25, 2020

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On August 7, 2020

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 45,019.00 (representing $39,500.00 for pain an d suffering and $5,519. 00 for lost wages)

. Proffer at

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 decision 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 di sclosure 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 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 Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

2

. In the 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 $ 45,0 19.00 (rep res en ting $39,500.00 for actual and pr o jected pain and suffering, with projected pain and s uffering reduc ed to net present value, and $5,519.00 for lost wages) in the form of a check payable to P etitioner

. This amount represents compensation for all damages that w ould 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 can be expedited by the partie s’ joint filing of notice renouncing the right to seek review.IN THE UNITED STATES CO URT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

DEOBRAH ANN DUNATOV,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. No. 18-1617V Chief Special Master Corcoran
ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 18, 2018, Deborah Ann Dunat ov (“petitioner”) fi led a petition for

compensation under the National Childhood Vaccin e Injury Act of 1986, 42 U.S.C. §§ 300aa-1

to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine

Administration (SIRVA) as a result of an influen za (flu) vaccine administered to her on October

26, 2016. On February 25, 2020, the Chief Special Master issued a Ruling on Entitlement

finding petitioner entitle d to compensation.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $39,500.00 in actual and projected

pain and suffering. This amount reflects that the award for projected pain and suffering has been

reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4 ). Petitioner agrees.

B. Lost Wages

Evidence supplied by petitioner documents pe titioner’s lost wages as a result of her

vaccine injury. Respondent proffers that petitio ner should be awarded lost wages in the amount2 of $5,519.00, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner

agrees.

II. Form of the Award

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

Respondent recommends that the compensation pr ovided to petitioner sh ould be made through a

lump sum payment as described below and request s that the Chief Special Master’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $45,019.00, representing

compensation for pain and suffering ($39,500.00), a nd lost wages ($5,519.00.00), in the form of

a check payable to petitioner, Deborah Ann Dunatov.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Deborah Ann Dunatov:

$45,019.00

Respectfully submitted,

ETHAN P. DAVIS Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

DARRYL R. WISHARD
Assistant Director Torts Branch, Civil Division

1 Should petitioner die prior to entry of judgme nt, 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.3 /s/ Julia M. Collison
JULIA M. COLLISON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice
P.O. Box 146
Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 305-0102

Dated: August 7, 2020