# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1601 V
UNPUBLISHED

SILVIA STITT

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: January 21, 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.

Darryl R. Wishard , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On October 15, 2019

, Silvia Stitt 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 s he suffered a shoulder injury related to vaccine

a dministration (SIRVA) as a result of an influenza vaccination she received in her left arm on October 3, 2017

. Petition at 1

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

On January 5, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for a left SIRVA

. ECF 20. On January 21, 2021

, R espondent filed a

p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 75,493.68, consisting of $75,000.00 for pain and suffering and $493.68 for past

unreimbursed e xpenses

. Proffer at 1

. In the Proffer, R espondent represented that

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 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 $ 75,493.68 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 fil ing of notice renouncing the right to seek review.IN THE UNITED STATES CO URT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________ ) SILVIA STITT, ) ) Petitioner, ) No. 19-1601V ECF ) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ )

PROFFER ON AWARD OF COMPENSATION 1

I. Procedural History

On October 15, 2019, Silvia Stitt (“petitioner”) file a petition alleging that an influenza

(“flu”) vaccination that she received in her left arm on October 3, 2017, caused a shoulder injury

related to vaccine administration (“SIRVA”). See Petition. On January 5, 2021, respondent filed

his Vaccine Rule 4(c) report, conceding a Table injury for SIRVA. ECF No. 19. On that same

day, Chief Special Master Corcoran issued a ru ling on entitlement, finding that petitioner was

entitled to compensation for SI RVA. ECF No. 20.

II. Items of Compensation

Based upon the evidence of record, respondent proffers that petiti oner should be awarded

a lump sum of $75,493.68 , consisting of $75,000.00 for pain and suffering, and $493.68 for past

unreimbursed expenses. This amount represen ts all elements of compensation to which

petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued.2 III. Form of the Award

Respondent recommends that the compensati on provided to petiti oner should be made

through a lump sum payment of $75,493.68 , in the form of a check payable to petitioner. 2

Petitioner agrees.

Respectfully submitted,

BRIAN BOYNTON Acting Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division

ALEXIS B. BABCOCK Acting Deputy Director Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director Torts Branch, Civil Division

/s/Darryl R. Wishard

DARRYL R. WISHARD

Assistant Director Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 616-4357 Dated: January 21, 2021 Fax: (202) 616-4310

2 Should petitioner die prio r to entry of judgment, re spondent would oppose any award for future medical expenses, future lost earnings , and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief.