Elizabeth Holland v. Secretary of the Department of Health and Human Services 1

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-156 V July 1, 2013 Not for Publication ***************************** ELIZABETH HOLLAND, * * Petitioner, * Damages Decision Based on Proffer * v. * * SECRETARY OF THE DEPARTMENT OF * HEALTH AND HUMAN SERVICES, * * Respondent. * * ***************************** Ronald C. Homer, New York, NY, for petitioner.

Claudia B. Gangi, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1 On July 1, 2013, respondent filed a Proffer on Award of Compensation. Based on the record as a whole, the special master finds that petitioner is entitled to the award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the court awards petitioner a lump sum payment of $151, 832.96 representing compensation for pain and suffering ($150,000.00) and past unreimbursable expenses ($1,832.96), made payable to Elizabeth Holland, petitioner.

The telephonic status conference set for Tuesday, July 2, 2013 is cancelled.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: July 1, 2013 s/Laura D. Millman Laura D. Millman Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS _________________________________________ ) ELIZABETH HOLLAND, ) ) Petitioner, ) ) No. 13-156V v. ) Special Master Millman ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation A. Pain and Suffering Respondent proffers that Elizabeth Holland should be awarded $150,000.00 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.

B. Past Unreimbursable Expenses Evidence supplied by petitioner documents her expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,832.96. Petitioner agrees.

II. Form of the Award The parties recommend that the compensation provided to Elizabeth Holland should be made through a lump sum payment of $151,832.96, representing compensation for pain and suffering, and past unreimbursable expenses, payable to Elizabeth Holland, petitioner.

Respectfully submitted, STUART F. DELERY Acting Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division LYNN E. RICCIARDELLA Senior Trial Attorney Torts Branch, Civil Division

/s/ Claudia B. Gangi CLAUDIA B. GANGI Senior 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) 616-4138

Dated: July 1, 2013