# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-897V

Filed: April 28, 2017

UNPUBLISHED

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

LISA WEBB, *

*

Petitioner, * Damages Decision Based on Proffer;

v. * Influenza (“ Flu”); Shoulder Injury

* Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA”);

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

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

Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.

Lisa Watts, U.S. Department of Just ice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On July 27, 2016, petitioner filed a pet ition 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 suffer ed a right shoulder injury related to vaccine

administration (“SIRVA”), which was caused-in-f act by an influenza (“flu”) vaccination.

Petition at 1. The case was assigned to the Special Processing Unit of the Office of

Special Masters.

On January 3, 2017, a ruling on entitlement was issued, fi nding petitioner entitled

to compensation for a SIRVA. On April 28, 2017, respondent filed a proffer on award of

compensation (“Proffer”) indi cating petitioner should be awarded $154,742.57. Proffer

at 1. In the Proffer, re spondent represented t hat petitioner agrees with the proffered

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 award. Based on the record as a whole, t he 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 $154,742. 57 in the form of a check payable to

petitioner, Lisa Webb. This amount represents compens ation for all damages that

would be available un der § 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 COURT OF FED ERAL CLAIMS

OFFICE OF SPECIAL MASTERS

_________________________________________ LISA WEBB, ) ECF

)

Petitioner, )

)

v. ) No. 16

- 897V

) Chief Special Master

SECRETARY OF HEALTH AND HUMAN ) Nora Beth Dorsey

SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On July 27, 2016, L isa Webb ( “ petitioner ” ) filed a petition for vaccine injury

compensation a lleging that s he suffered a right shoulder injury related to vaccine administration

(“SIRVA”), which was caused

- in

- fact by an influenza (“flu”) vaccination administered on

November 7, 2014

. Respondent filed his R ule 4 (c) Report conceding entitlement to

compensation on January 3, 2017. The Chief Special Master issued a Ruling on Entitlement on

Ja nuary 4, 2017.

I. Items of Compensation

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

$ 154,742.57 , which represents all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a). 1 Petitioner agrees.

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

e xpenses , future lost earnings, and future pain and suffering

.2 II. Form of the Award

The parties recommend that the compe nsation provided to petitioner should be made

through a lump sum payment of $ 154,742.57 in the form of a check payable to petitioner. 2

Petitioner agrees.

Respe ctfully 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

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

s/Lisa A. Watts

LISA A. WATTS

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel.: (202) 616

- 4099

DATED: April 28 , 2017.

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