# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1585 V

Filed: February 11, 2016

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

GERRY RAMEY

, *

*

Petitioner, * Damages Decision B ased on Proffer;

* Influenza ;

* Shoulder Injury ( “ SIRVA ” ) ;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Maximillian Muller, Muller Brazil, LLP, Dresher, PA

, for petitioner.

Darryl Wishard , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On December 29, 2015

, Petitioner filed a petition for compensation under the

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

- 10, et seq

. , 2 [ the

“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a left shoulder injury as

a result of the administration of her October 1, 2014 i nfluenza vaccination

. Petit ion at

1

- 2

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

Masters.

On January 28, 2016

, a ruling on entitlement was issued , finding petitioner

entitled to compensation for a shoulder injury related to vaccine administration

( “ SIRVA ” ) . On February 11, 2016 , respondent filed a p roffer on a ward of compensation

[“Proffer”] indicating petitioner should be awarded $ 1 25,000.00

. Proffer at 1

. In the

Proffer, respondent represented that petitioner agrees with the proffered award. Based

1 Because this unpublished decision contains a reasoned explanatio n for the action in this case, the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), pet itioner 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 identified 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 subparag raph of 42 U.S.C. §

300aa (2012).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 25,000.00 in the form of a check payable to

petitioner, G erry Ramey

. 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________ )

GERRY RAMEY, )

)

Petitione r

, ) No. 15

- 1585V ECF

)

v. ) Chief Special Master Dorsey

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

___________________________________ )

PROFFER ON AWARD OF COMPENSATION 1

I. Procedural History

On December 29 , 2015, Gerry Ramey (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34, as amended . Petitioner alleges that as a result of receiving the influenza (“flu”) vaccine on

October 1 , 2014 , he suffered a shoulder injury related to vaccine administration (“SIRVA”) in

h is left arm that was caused

- in

- fact by the vaccination. On January 2 7 , 2016, respondent filed

her Vaccine Rule 4(c) report

, conceding causation

- in

- fact for peti tioner’s SIRVA. On January

2 8 , 2016, t he Chief Special Master issued a ruling on entitlement , f inding that petitioner was

entitled to compensation for SIRVA.

I I. Items of Compensation

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

$ 1 25,000.00 , which represents all elements of compensation to which petitioner would be

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

discuss after the Damages Decision is issued.2 I II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through a lump sum payment of $1 25,000.00

, in the form of a check payable to petitioner

. 2

Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Tort s Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

LINDA S. RENZI

Senior Trial Counsel

Torts Branch, Civil Division

/s/Darryl R. Wishard

DARRYL R. WISHARD

Senior Trial Attorney

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: Februa ry 11 , 2016 Fax: (202) 616

- 4310

2 Should petitioner die prior to entry of judgment, respondent 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.