# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 18-1143V UNPUBLISHED

IRIS J. JACKSON,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 6, 2020

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

Jimmy A. Zgheib, Zgheib Sayad, P.C ., White Plains, NY, for petitioner.

Catherine Elizabeth Stolar , U.S. Department of Just ice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On August 6, 2018, Iris J. Jackson filed a petition for compen sation under the National Vaccine Injury Compens ation Program, 42 U.S.C. §300aa- 10, et seq.

, 2 (the “Vaccine Act”). Petitioner all eges that she suffered a shoulde r injury related to vaccine administration (“SIRVA”) as a r esult of an influenza (“flu”) va ccine she received on September 25, 2017. Petition at 1. The case was assigned to t he Special Processing Unit of the Office of Special Masters.

On July 25, 2019, a ruling on ent itlement was issued, finding P etitioner entitled to compensation for SIRVA. On Ja nuary 3, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indica ting Petitioner should be awarde d a total of $124,348.79, representing compensation for Pe titioner’s actual and projected pain and suffering

1 Because this unpublished ruling contains a reasoned explanatio n for the action in this case, I am required to post it on the Unit ed States Court of Federal Claim s' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (F ederal Management and Promotion of Electronic Government Services). This means the ruling will be av ailable to anyone with access t o the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other informa tion, the disclosure of which wo uld constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this defin ition, I will redact such material from public access.

2 National Childhood Vaccine In jury Act of 1986, Pub. L. No. 99- 660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” refe rences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 ($120,000.00) and past unr eimbursable expenses ($4,348.79). Pr offer at 2. In the Proffer, Respondent represented tha t Petitioner agrees with the proffered award. Id. Based on the record as a whol e, I find that Petitioner is entit led 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 $124,348.79, (repr esenting compensation for pain and suffering ($120,000.00) and past unreimb ursable expenses ($4,348.79) ) in the form of a check payable to Petitioner. This amount represents com pensation for all damages that would be avail able under § 15(a).

The clerk of the court is direct ed to enter judgment in accorda nce 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 exped ited 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

IRIS J. JACKSON,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) No. 18-1143V ) Chief Special Master Corcoran ) ECF ) ) ) ) )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On August 6, 2018, Iris J. Jackson ( “petitioner”) filed a peti tion 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 s uffered a right shoulder injury a s a result of an influenza (“flu”)

vaccine administered on September 25, 2017. On July 25, 2019, the Chief Special Master issued

a Ruling on Entitlement finding pe titioner entitled to compensa tion.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that peti tioner should be awarded $120,000. 00 in actual and

projected pain and suffering. This amount reflects that the aw ard for projected pain and

suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner

agrees.

B. Unreimbursable Expenses

Evidence supplied by petitioner documents petitioner’s unreimbu rsable expenses as a

result of her vaccine injury. Respondent proffers that petitio ner should be awarded2 unreimbursable expenses i n the amount of $4,348.79, as provided under the Vaccine Act, 42

U.S.C. § 300aa-15(a)(1)(B) . Petitioner agrees.

II. Form of the Award

Petitioner is a competent adult . Evidence of guardianship is n ot required in this case.

Respondent recommends that the co mpensation provided to petitio ner should be made through a

lump sum payment as described be low and requests that the Chief Special Master’s decision and

the Court’s judgment award the following 1 : a lump sum payment of $124,348.79, representing

compensation for pain and suffering ($120,000.00), and past unr eimbursable expenses

($4,348.79), in the form of a check payable to petitioner, Iris J. Jackson.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Iris J. Jackson: $124,348.79

Respectfully submitted,

JOSEPH H. HUNT 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

1 Should petitioner die prior to e ntry of judgment, the parties reserve the right to move the Court for appropriate relief. In pa rticular, respondent would oppose any award for future lost earnings and future pain and suffering.3 s/ Catherine E. Stolar CATHERINE E. STOLAR 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) 353-3299 Fax: (202) 616-4310 Ema il: catherine.stolar@usdoj.gov

DATED: 1/3/2020