# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 12 68 V

UNPUBLISHED

LORI A. HILDEBRAND

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: March 11, 2020

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Jeffrey A. Golvash

, Golvash & Epstein, LLC

, Pittsburgh

, PA , for petitioner.

Laurie Wiesner , U.S. Department of Justic e, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On August 22, 2018

, L ori Hildebrand filed a petition for compensation under the

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

- 10, et seq

. , 2 ( the

“Vac cine Act” )

. Petitioner alleges that s he suffered a Shoulder Injury Related to

Vaccine Administration ( “ SIRVA ” ) as a result of her September 2 3 , 2016 influneza ( “ flu ” )

vaccination

. Petition at 1 . The case was assigned to the Special Processing Unit of the

Office of Special Masters.

On October 25, 2019

, a ruling on entitlement was issued , finding P etitioner

entitled to compensation for SIRVA . On March 9, 2020

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitio ner should be awarded $ 66,000.00

in actual and projected pain and suffering

. This amount reflects that the award for

pro jected pain and suffering has been reduced to net present value

. Proffer at 1

- 2

. In

the Proffer, R espondent represented that P etitio ner agrees with the proffered award. Id.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 o f 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 per tinent subpara graph of 42 U.S.C. §

300aa (2012 ).2 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 $ 66,000.00 ( represe nting compensation for Petitioner ’ s actual

and projected pain and suffering ) 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

____________________________________ )

LORI HILDEBRAND

, )

)

)

Petitioner, )

) No. 18

- 1268V

v. ) Chief Special Master Corcoran

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On August 22, 2018, Lori Hildebrand (“petitioner”) filed a petition for

compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§

300aa

- 1 to

- 34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury

Related to Vacc ine Administration (“SIRVA”) as a result of an influenza vaccine she

received on September 23, 2016. Petition at 3

- 5. On October 24, 2019, the Secretary of

Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this

case is app ropriate for compensation under the terms of the Act, and on October 25,

2019, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled

to compensation. ECF No. 32; ECF No. 33.

I. Item of Compensation

Respondent proffer s that Lori Hildebrand should be awarded $66,000.00 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

.II. Form of the Award

Petitioner is a competent adult. Evidence of guardianshi p is not required in this

case. Respondent recommends that the compensation provided to Lori Hildebrand

should be made through a lump sum payment as described below and request that the

Chief Special Master’s decision and the Court’s judgment award the following 1 : a lump

sum payment of $66,000.00, representing compensation for pain and suffering, in the

form of a check payable to petitioner, Lori Hildebrand.

III. S ummary of Recomme nded Payments Following Judgment

Lump s um payable to petitioner, Lori Hildebrand: $66,0 00 .00

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

HEATHER PEARLMAN

Assistant Director

Torts Branch, Civil Division

1 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

lost earnings and future pain and suffering

.s/Laurie Wiesner

LAURIE WIESNER

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

Ben Franklin Station, P.O. Box 146

Washington, D.C. 20044

- 0146

Tel.: (202) 305

- 0253

DATE: March 9

, 2020