# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-1166V

Filed: November 15, 2017

UNPUBLISHED

SUSAN PETERSON,

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)

Shealene Priscilla Wasserman, Muller Braz il, LLP, Dresher, PA, for petitioner.

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On September 20, 2016, Susan Peters on (“petitioner”) filed a petition for

compensation under the National Vaccine Inju ry Compensation Program, 42 U.S.C.

§300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that as a result of an

influenza (“flu”) vaccine she received on October 27, 2015, she suffered ParsonageTurner Syndrome. Petition at 1. The case was assigned to the Special Processing Unit

of the Office of Special Masters.

On November 14, 2017, a ruling on entitle ment was issued, finding petitioner

entitled to compensation. On November 15, 2017, respondent filed a proffer on award

of compensation (“Proffer”) indicating petit ioner should be awarde d $82,092.48. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 $82,092. 48, in the form of a check payable to

petitioner, Susan Peterson. This amount represents compensation 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 COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

SUSAN PETERSON

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. N o. 1 6

- 1166 V

Chief Special Master Dorsey

ECF

RESPONDENT’ S PROFFER ON AWARD OF COMPENSATION

O n September 20

, 2016, Susan Peterson (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1

to

- 34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to

compensation in his R ule 4(c) Report filed o n November 13 , 2017.

Items of Compensation

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

awarde d $ 82,092.48 , which represents all elements of compensation to which petitioner would

be entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum pa yment of $82,092.48 in the form of a check payable to petitioner. 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 expenses, future pain and suffering, and future lost wages.2 Petitioner is a competent adult. Evidence of guardianship is not required 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

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

s/ Jennifer L. Reynaud

JENNIFER L. REYNAUD

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) 305

- 1586

Date: November 15 , 2017