# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 365 V

UNPUBLISHED

R. W

- J.

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 10, 2020

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

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA , for petitioner.

Voris Edward Johnson , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On March 11, 2019

, R. W

- J. 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”) caused by a n influneza (“ flu ”) vaccine administered on September 17, 2016. Amended Petition filed December 19, 2019 at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 2, 2020

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

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 74,842.16 ( consist ing of $72,500.00 for pain and suffering and $2,342.16 for past unreimbursed expenses )

. Proffer at 1

. In the Proffer, R espondent represented that P etitioner agrees with the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 disclosure 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 subparagraph of 42 U.S.C. § 300aa (2012).2 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 Proffer, I award P etitioner a lump sum payment of $ 74,842.16 (consisting of $72,500.00 for pain and suffering and $2,342.16 for past unreimbursed expenses) 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 parties’ joint fil ing of notice
renouncing the right to seek review.