# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0840 V
UNPUBLISHED

SAMANTHA MCNAIR

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: February 14, 2022

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

Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC , for Petitioner.

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

DECISION AWARDING DAMAGES 1

On July 10, 2020

, Samantha McNair 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”) as a result of an influenza (“flu”) vaccine administered to her on September 20, 2017

. Petition at 1

. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 11, 2022

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On February 10, 2022

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 64,805.06 (comprised of $62,500.00 for pain and suffering and $2,305.06 for past unreimbursable expenses)

. Proffer at 1

- 2

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

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 p ertinent subparagraph of 42 U.S.C. § 300aa (2012).2

with the proffered award. Id. at 2. 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 $ 64,805.06 (comprised of $62,500.00 for pain and suffering and $2,305.0 6 for past unreimb ursa ble 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

SAMANTHA MCNAIR , ) ) Petitioner, ) ) No. 20-840V v. ) Chief Special Master Corcoran ) ECF

SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On July 10, 2020, Samantha McNair (“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”), alleging that she suffered a S houlder Injury R elated to Vaccine

Administration (“SIRVA”) , as defined in the Vaccine Injury Table, following administration of

an influenza va ccine she received on September 20, 2017. See Petition at 1

. On January 10,

2022 , 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 SIRVA

Table injury, and on January 11, 2022 , the Chief Special Master issued a Ruling on Entitlement

finding petitioner entitled to compensation. ECF No. 29; ECF No. 30.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $62,500.00 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 she incurred past unreimbursable

expenses related to her vaccine -related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount of $2,305.06. See 42 U.S.C. § 300aa15(a)(1)(B). Petitioner agrees.

These amounts represent all elements of compensation to which petitioner 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 thi s 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 1 : a lump sum paymen t of $64,805.06 in the form of a

check payable to petitioner.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Samantha McNair : $64,805.06

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

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 DARRYL R. WISHARD

Assistant Director Torts Branch, Civil Division

/ s/

Lauren Kells

LAUREN KELLS 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) 616-4187

Email: Lauren.Kells@usdoj.gov

DATED: February 10 , 2022