# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 975 V UNPUBLISHED

PAULA D. TYSON

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: July 20, 2020

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

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA , for petitioner.

Traci R. Patton , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On July 9, 20 18

, Paula D. Tyson 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 right should er injur ies related to vacci ne administration (SIRV A) as a result of an influenza vaccine administered on February 8, 201 7

. Petition at 1

. Petitioner further alleges that she rec eived the vaccine in the United Stat es, her injuries and sequelae lasted more than six months, no action has been filed for Petitione r ’ s vaccine

- re lated injury, nor has she re ceived any comp ensation in the form of award or settlement for her vaccine

- re lated injuries

. Petition at 1, 3

. The case was assigned to the Special Processing Unit of the Office of Special Masters.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 decision 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 “§” references to the Vaccine Act will be to the pe rtinent subparagraph of 42 U.S.C. § 300aa (2012).2

On January 1 3 , 202 0

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On July 17, 2020

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 81,211.46

. Proffer at 2

. In 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 $ 81,211.46 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

P AULA D. TYSON

,

P etitioner,

v.

S ECRETARY OF HEALTH AND HUMAN SERVICES,

R espondent. ) ) ) ) ) ) ) ) ) ) N o. 18-975V Chief Special Master Corcoran ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

O n October 25, 2019, Chief Special Master Corcoran issued a Findings of Fact, finding

that the onset of petitioner’s right shoulder injury related to vaccine administration (“SIRVA”)

occurred within 48 hours of vaccination. ECF No. 25 at 2, 5. On January 9, 2020, the Secretary

of Health and Human Services (“respondent”) filed an Amended Vaccine Rule 4(c) Report

advising that, in light of Chief Special Master Corcoran’s Findings of Fact ruling that the onset

of petitioner’s right arm pain occurred within 48 hours of vaccination, and the medical evidence

submitted in this case, respondent did not dispute that petitioner had sat isfied all legal

prerequisites for compensation under the Vaccine Act. ECF No. 30 at 3-4. Thereafter, on

January 13, 2020, Chief Special Master Corcoran entered a Ruling on Entitlement, finding

petitioner, Paula D. Tyson, entitled to Vaccine Act compensa tion for her Table SIRVA injury.

ECF No. 31.2 I. Amount of Compensation

Respondent now proffers that, based on the Chief Special Master’s entitlement decision

and the evidence of record , petitioner should be awarded $81,211.46. 1 This amount represents

all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa15(a). Petitioner agrees.

II. Form of the Award

T he parties recommend that the compensation provided to petitioner should be made as

described below, and request that the Chief Special Master’s damages decision and the Court’s

judgment award the following: 2

Respondent recommends that the compensation provided to petitioner should be made

T hrough a lump sum of $81,211.46 in the form of a check payable to petitioner. This amount

represents compensation for all damages that would be available under 42 U.S.C. § 300aa- 15(a).

Petitioner agrees.

P etitioner is a competent adult. Evidence of guardianship is not required in this case.

R espectfully submi tted,

ETHAN P. DAVIS Acting Assistant Attorney General

1 The parties have no objection to the amount of the proffered award of damages. Assuming the Chief Special Master issues a damages decision in conformity with this proffer, the parties waive their right to seek review of such damages decision. However, respondent reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Chief Special Master ’s January 13, 2020 , entitlement decision.

2 Should petitioner die prior to entry of judgment, the parties reserve 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.3 C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

C ATHARINE E. REEVES Deputy Director Torts Branch, Civil Division

A LEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division

s / Traci R. Patton T RACI R. PATTON Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel ephone: (202) 353-1589 Dated: July 1 7, 2020