# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1069 V

UNPUBLISHED

LISA KAISER

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 19, 2021

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

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA , for Petitioner.

Ryan Daniel Pyles , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On July 24, 2019, Lisa Kaiser 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 tha t she suffered a Table injury

– Shoulder Injury Related to

Vaccine Administration (“SIRVA”)

– as a result of her November 3, 2016 influneza (“flu”)

vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On November 19, 2021

, a ruling on entitlement was issued , finding P etitioner
entitled to compensation for SIRVA . On November 17, 2021

, R espondent filed a Rule 4(c) Report and Proffer of Compensation (“Proffer”) indicating P etitioner should be

awarded $ 116,085.52 (representing $110,000.00 for pain and suffering

, $4,085.52 f or past unreimbursed expenses

, and $2,000.00 for lost earnings )

. Proffer at 8

- 9

. In the

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Proffer, R espondent represented that P etitioner agrees with the 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 $ 116,085.52 (representing $110,000.00 for pain and suffering

, $4,085.52

f or past unreimbursed expenses, and $2,000.00 for lost earnings) in the form of a

check payable to P etitioner

. This amount represents compensation for all damage s that

w ould be available under Section 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 filing of notice
renouncing the right to seek review.