# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 16

- 234 V
Filed: February 16, 2017
U npublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * * MEGHAN LEE HELTON , *
* Petitioner, *
* Damages Decision B ased on Proffer;

v. * Influenza (“flu”) Vaccine ; Shoulder
* Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); Special AND HUMAN SERVICES, * Processing Unit (“SPU”)
* Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Timothy P. Clancy, Stauffer & Nathan, P.C., Tulsa, OK

, for petitioner. Amy P. Kokot , U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On February 17, 2016

, p etitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 (the “Vaccine Act”)

. Peti tioner alleged that she received a seasonal influenza (“flu”) vaccine in her left shoulder on October 26, 2011, and subsequently suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result

. The case was assigned to the Special Processing Unit (“ SPU ”) of the Office of Special Masters.

On May 31, 2016

, the undersigned issued a ruling on entitlement finding petitioner entitled to compensation for a SIRVA . On February 15, 2017, respondent filed a p roffer on a ward of compensation (“Proffer”) indicating petitioner should be
awarded $ 145,000.00

. Proffer at 1. In the Proffer, respondent represented that

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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)

. 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, the undersigned agree s that the ident ified material fits within this definition, the undersigned 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 petitioner agrees with the proffered award. Id. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned award s petitioner a lump sum payment of $1 45,000.00 in the form of a check payable to petitioner, M eghan Lee Helton

. 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. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey 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.1 IN THE UNITED STATES CO URT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

) MEGHAN LEE HELTON, ) ) Petitioner, ) ) No. 16-234V (ECF) v. ) Chief Special Master Dorsey ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On May 31, 2016, Chief Special Master Dorsey issued a Ruling on Entitlement finding

that petitioner was entitled to vaccine compensa tion for her Shoulder Injury Related to Vaccine

Administration (“SIRVA”). Based on the evidence of record, respondent proffers that petitioner

should be awarded $145,000.00. This amount represents all elements of compensation to which

petitioner would be entitled under 42 U.S. C. § 300aa-15(a). Pe titioner agrees.

II. Form of the Award

Respondent recommends that the compensati on provided to petitione r be made through a

lump sum payment of $145,000.00 in the form of a check payable to petitioner. 1 Petitioner

agrees.

Petitioner is a competent adult. Evidence of guardianship is not re quired in this case.

1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages.2 Respectfully submitted,

CHAD A. READLER Acting 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 Senior Trial Attorney Torts Branch, Civil Division

s/Amy P. Kokot
AMY P. KOKOT Trial Attorney Torts Branch, Civil Division U.S. Department of Justice
P.O. Box 146
Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 616-4118

Dated: February 15, 2017