# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1502 V

UNPUBLISHED

MIYEITA MAGEE

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 20, 2019

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

petitioner.

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

DECISION AWARDING DAMAGES 1

On September 28, 2018

, Miyeita Magee 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)

. Petition at 1 . The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On August 13, 2019

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for a SIRVA . On November 20, 2019

, R espondent filed a

p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded

$ 110,909.00

. Proffer at 1

. This amount consi sts of $107 ,500.00 for pain and suffering,

$3,059.00 for past lost earnings, and $350.00 for past unreimbursed expenses. Id

. In

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am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 ruling will be available to anyone with access to

the internet. In accordance with Vaccine Ru le 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 the 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 attached Proffer, I award P etitioner a lump

sum payment of $ 110,909.00 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 filing of notice

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

OFFICE OF SPECIAL MASTERS

__________________________________________ )

MIYEITA MAGEE, )

)

Petitioner, )

) No. 18

- 1502V (ECF)

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On August 6 , 2019 , respondent, the Secretary of Health and Human Services , filed his

Rule 4(c) Report conceding entitlement to compensation in this matter alleging a Shoulder Injury

Related to Vaccine Administration following an influenza vaccination

. On August 13 , 2019

, the

Court entered its Ruling on Entitlement, finding petitioner Miyeita Magee entitled to Vaccine

Act compensation. Respondent now pro ffers that petitioner receive a compensation award

consisting of a lump sum of $ 110,909.00 in the form of a check payable to petitioner

, Miyeita

Magee

. 1 This amount consists of $ 107,5 00.00 for pain and suffering , $3,059.00 for past lost

earnings, and $350.00 for past unreimbursed expenses

, and represents compensation for all

elements of compensation under 42 U.S.C. § 300aa

- 15(a) to which petitioner is entitled. 2

Petitioner agrees with the proffered award of $ 110.9 0 9 .00

. 3

1 Petitioner is a competent adult. No guardianship is required.

2 Should petitioner die prior to entry of judgment, respondent would oppose any award for

future medical expenses, future lost earnings, and future pain a nd suffering, and the parties

reserve the right to move the Court for appropriate relief.

3 This proffer does not include any award for attorneys’ fees and costs that may be awarded

pursuant to 42 U.S.C. § 300aa

- 15(e).2 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

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

s/Voris E. Johnson, Jr.

VORIS E. JOHNSON, JR.

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, D.C. 20044

- 0146

Direct dial: (202) 616

- 4136

Dated: November 20 , 2019