# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-2001V

UNPUBLISHED

LESLIE KRAUS,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 31, 2022

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Wa shington, DC, for

Petitioner.

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

DECISION AWARDING DAMAGES 1

On December 21, 2017, Leslie Kraus f iled a petition for compensation under the

National Vaccine Injury Compensati on Program, 42 U.S.C. §300aa-10, et seq. 2 (the

“Vaccine Act”). Petitioner alleges that she suffered from a shoulder injury related to

vaccine administration (“SIR VA”) after receiving an infl uenza (“flu”) vaccination on

September 26, 2016. Petition at 1 (Preamble). The case was assigned to the Special

Processing Unit of the Offi ce of Special Masters.

On September 2, 2021, a ruling on entit lement was issued finding Petitioner

entitled to compensation for SIRVA. On January 31, 2022, Re spondent filed a proffer on

award of compensation (“Proffer”) indicating Petitioner should be awarded a total of

$61,042.98 consisting of $60, 000.00 in actual and projected pain and suffering and

$1,042.98 in past unreimbursable expenses. Proffe r at 2. In the Pr offer, Respondent

1 Because this unpublished Decision contains a reas oned explanation for the action in this case, I am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 EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic

Government Services). This means the Decision will be availa ble 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 whic h would constitute an unwarranted invasion of privacy.

If, upon review, I agree that the identified material fits with in this definition, I will r edact 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 represented that Petitioner agree s with the proffered award. Id. Based on the record as a

whole, I find that Petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump

sum payment of $61,042.98 (consisting of $60,000.00 in actual and projected pain

and suffering and $1,042.98 in past unrei mbursable expenses) in the form of a

check payable to Petitioner. This amount represents compens ation for all damages that

would 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 c an be expedited by the parties’ joint filing of notice

renouncing the right to seek review.1 THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

LESLIE KRAUS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 17

- 2001 V

Chief Special Master Corcoran

PROFFER ON AWARD OF DAMAGES

On December 21, 2017, Leslie Kraus (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (“the

Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa

- 1 to

- 34. The Pe tition alleges that petitioner

suffered from a shoulder injury related to vaccine administration (“SIRVA”) as a result of an

influenza (“flu”) vaccine administered to her in her right arm on September 26, 2016. See

Petition at Preamble. The Court found petitioner entitled to compensation on September 2, 2021

.

ECF No. 59

.

I. Item s of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 60 ,0 00 .00 in actual and projected

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

been reduced to net present value. See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.2 B. Past Unreimbursable Expenses

Evidence suppli ed by petitioner documents his expenditure of past unreimbursable

expenses related to his vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount of $ 1,042.98 . Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $ 61,042.98 in the form of a check made payable to petitioner. 1

This lump sum payment represents all elements of compensation to wh ich petitioner would be

entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

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

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering

.3 s/ Jennifer L. Reynaud

JENNIFER L. REYNAUD

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) 305

- 1 586

Jennifer.L.Reynaud @usdoj.gov

D ATED : January 31, 2022