# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 16- 0579 V
Filed: November 30, 2016 Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *
EVANGELINE STAVRETIS , *
* Petitioner, *
* Damages Decision Based on Proffer;

v. * Influenza (“flu”) Vaccine; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”)
* Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul R. Brazil, Muller Brazil, LLP, Dresher, PA

, f or petitioner. Douglas Ross , U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On May 1 6, 2016

, Evangeline Stavretis (“ p etitioner ”)

, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 ( the “ Vaccine Act” ). Peti tioner alleged that as a result of receiving the influenza (“flu”) vaccine on November 10, 2014 , she suffered a shoulder injury that

was caused

- in

- fact by her vaccination

. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.

On August 31, 2016

, the undersigned issued a ruling on entitlement

, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration (“SIRVA”) . On November 28, 2016, respondent filed a p roffer on a ward of compensation (“Proffer”) indicati ng petitioner should be awarded $8 5,000.00

. Proffer at
1-2. In the Proffer, respondent represented that petitioner agrees with the proffered

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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 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 subparagraph of 42 U.S.C. § 300aa (2012 ).2 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 $8 5,000.00 in the form of a check payable to petitioner, E vangeline Stavretis

. 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

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

*

EVANGELINE STAVRETIS

, *

* Petitioner, *

*

v . * No. 16-579 V (ECF)
* C HIEF S PECIAL M ASTER * N ORA B ETH D ORSEY SECRETARY OF HEALTH *

AND HUMAN SERVICES

, *

* Respondent. *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

In her November 2, 2016 decision , the Chief Special M aster found that a preponderance

of the medical evidence indicates that petitioner suffered a shoulder injury related to vaccine

administration (“SIRVA”), which was causally related to the flu vaccination she received on

Nov em be r 10, 2014. The parties have now addres s ed the amount of compensation to be awarded

in this case.

I. Item of Compensation

Based upon the evidence of record, respondent proffer s that petitioner should be awarded

a total lump sum of $85,000.00, which amount represents all elements of compensation to which

petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 1 Petitioner agrees.

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 II. Form of the Award

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

through a lump sum payment of $85,000.00 in the form of a check payable to petitioner.

Petitioner agrees.

Respectfully submitted,

BENJAMIN C. MIZER Principal Deputy Assistant Attorney General

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

CA T HARINE E. REEVES Acting Deputy Director Torts Branch, Civil Division

VORIS E. JOHNSON, JR.
Senior Trial Attorney Torts Branch, Civil Division

/s/ DOUGLAS ROSS

DOUGLAS ROSS
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) 616-3667

DATE: November 28, 2016