# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0713 V

UNPUBLISHED

RICHARD P. BURES

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 10, 2022

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.

Adriana Ruth Teitel

, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On June 12, 2020

, Richard P. Bures 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 he suffered a shoulder injury related to vaccine

administration ( “ SIRVA ” ) as a result of an influenza vaccine administered on October 9,

2018 . Petition at 1

. Petitioner further alleges the vaccine was administered in the United States, he suffered sequelae of his injury for more than six months, and he has not received compensation or filed a civil action for vaccine

- related injuries prior to filing his petition . Petition at ¶¶ 2, 15

- 16

. T he case wa s assigned to the Special Processing Unit of the Office of Special Masters.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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

On December 15, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On February 9, 2022

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 72,5 54.61

. Proffer at 1

- 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 $ 72,5 54.61 (represen ting $7 2,500.00 in pain and suffering and $54.61 in past unreimbursable expenses ) 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 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 parties’ joint filing of notice renouncing the right to seek review.1 

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

RICHARD P. BURES

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. No. 20-713V Chief Special Master Corcoran (SPU)

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On June 12, 2020, Richard P. Bures (“petitioner”) filed a petition for compensation under

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34 (“Vaccine Act”

or “Act”), as amended. Petitioner alleges he suffered a shoulder injury related to vaccine

administration (“SIRVA”) Table injury as a result of an influenza (“flu”) vaccination received on

October 9, 2018. Petition at 1.

On December 15, 2021 , the Secretary of Health and Human Services (“respondent”) filed

a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of

the Act for a shoulder injury related to vaccine administration (“SIRVA”) Table injury, and the

Chief Special Master issued a Ruling on Entitlement finding petitioner entit led to compensation.

ECF No s. 33 and 34.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $72,500.00 in pain and suffering.

See 42 U.S.C. § 300aa- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that he incurred past unreim bursable expenses

related to his vaccine -related injury. Respondent proffers that petitioner should be awarded past

unreimbursable expenses in the amount of $54.61. See 42 U.S.C. § 300aa- 15(a)(1)(B).

Petitioner agrees.

These amounts represent all elements of compensation to which peti tioner is entitled

under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award

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

Respondent recommends that the compensation provided to petitioner should be made through a

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

the Court’s judgment award the following: a lump sum payment of $72,554.61, in the form of a

check payable to petitioner. 1

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Richard P. Bures: $72,554.61

Respectfully submitted,

BRIAN M. BOYN TON Acting Assistant Attorney General

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

HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

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.3 ALEXIS B. BABCOCK

Assistant Director Torts Branch, Civil Division

s/ Adriana Teitel

ADRIANA TEITEL Trial Attorney Torts Branch, Civil Division U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-3677 Email: adriana.teitel@usdoj.gov

Dated: February 9, 2022