# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 0893 V
Filed: April 26, 2018
UNPUBLISHED

KATIE R

. PETERSON

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

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

Steven I. Kastner, San Diego, CA , for petitioner. Lara Ann Englund , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On June 30, 2017

, 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”). Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza vaccination she received in her left

arm on September 30, 2016 . Petit ion at 1

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

On February 13, 2018

, a ruling on entitlement was issued , finding petitioner entitled to compensation for her SIRVA . On April 26, 2018, respondent filed a p roffer on

a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 172,500.00 for pain and suffering and $15,115.52 for lost wages, for a total amount of $187,615.52

. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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 proffered award. 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 87,615.52

, which r epre sents $172,500.00 for pain and suffering and $15,115.52 for lost wages, in the form o f a check payable to petitioner, K atie R. Peterson

. This amount represents 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

KATIE R. PETERSON, ) ) Petitioner, ) ) v. ) No. 17-893V ) Chief Special Master Nora Beth Dorsey

SECRETARY OF )

HEALTH AND HUMAN SERVICES, ) ) Respondent. ) )

RESPONDENT ’ S PROFFER ON AWARD OF COMPENSATION

On February 13, 2018, respondent filed a Vaccine Rule 4(c) report concluding that

petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury

Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on February 13, 2018, the

Chief Special Master issued a Ruling on Entitlement.

I. Compensation for Vaccine Injury

- Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded

$172,500.00 for pain and suffering and $15,115.52 for lost wages . Th ese amounts represent all

elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).

Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made as a

lump sum payment of $187,615.52, in the form of a check payable to petitioner. 1 Petitioner is a

1 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.2 competent adult. Evidence of guardianship is not required in this case. This amount accounts

for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be

entitled.

Respe ctfully 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

HEATHER L. PEARLMAN

Assistant Director Torts Branch, Civil Division

s/ LARA A. ENGLUND

LARA A. ENGLUND Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington D.C. 20044-0146 Tel: (202) 307-3013 E-mail: lara.a.englund@usdoj.gov

Dated: April 2 6, 2018