# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 959 V

Filed: August 21, 2015

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

AMY LEE DILLSON

, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza; Shoulder Injury ( “ SIRVA ” )

* Special Processing Unit (“SPU”)

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Danny Ray Ellis, Massey & Associates, P.C., Chattanooga, TN , for petitioner.

Alexis Babcock

, U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES 1

Vowell

, Chief Special Master:

On O ctober 8, 2014

, Amy Dillson filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 [ the

“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury

caused by an October 10, 2012 influenza vaccinatio n . Petit ion at 1

. The case was

assigned to the Special Processing Unit of the Office of Special Masters.

On May 21, 2015

, I issued a ruling on entitlement, finding petitioner entitled to

compensation for her shoulder injury which respondent conceded was a shoulder injury

related to vaccine administration ( “ SIRVA ” ) . On August 21, 2015 , respondent filed a

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I inte nd

to post it on the United States Court of Federal Claims' website, in accordance with the E

- Government

Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amende d at 44 U.S.C. § 3501

note (2006 )) . In accordance with Vaccine Rule 18(b), petitione r has 14 day s 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 withi n this definition, I will redact such

m aterial 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 subpara graph of 42 U.S.C. §

300aa (2012 ).p roffer on a ward of compensation [“Proffer”] indicating petitioner should be awarded

$70,000.00 for actual and projected pain and suffering

. 3 Proffer at 1

.

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

sum payment of $70,000.00 in the form of a check payable to petitioner, A my

Dillson

. Th is amount represent s compensation for all damages that would be available

under § 300aa

- 15(a).

The clerk of the court is directed to enter judgment in accordance with this

decision. 4

s/Denise K. Vowe ll

Denise K. Vowell

Chief Special Master

3 I note that the proffer is mis

- captioned to the extent that it refers to “Amy Dillson ” rather than “Amy Lee

Dillson ” as above.

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice

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

OFFICE OF SPECIAL MASTERS

__________________________________________ )

AMY DILLSON, )

)

Petitioner, )

) No. 14

- 959

v. ) Chief Special Master Vowell

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________ )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

For the purposes of this proffer, the term “vaccine

- related” is as described in

Respondent’s Rule 4(c) Report filed on May 25 , 2015

.

A. Pain and Suffering

Respon dent proffers that petitioner should be awarded $ 7 0,000.00 in actual and projected

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

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

- 15(a)(4). Petitioner agrees.

B. Past Unreimbursable Expenses

Petitioner has not submitted documentation for unreimbursed expenses in this case , and

thus respondent proffers that petitioner should not be awarded any amount for unreimbursed

expenses

. Petitioner agrees.

C. Los t Wages

The parties agree that based upon the evidence of record, petitioner’s vaccine

- related

injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner Case 1:14-vv-00959-UNJ Document 31 Filed 08/21/15 Page 1 of 2- 2

- should be awarded no lost future earnings as provided under the Vac cine Act, 42 U.S.C. § 300aa

15(a)(3)(A). Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment of $70,000.00 in the form of a check payable to petitioner.

Respec tfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Tort Branch, Civil Division

MICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division

s/ Alexis B. Babcock

ALEXIS B. BABCOCK

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Dated: August 21, 2015 Telephone: (202) 616

- 7678 Case 1:14-vv-00959-UNJ Document 31 Filed 08/21/15 Page 2 of 2