Pace v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-1007V (Filed: June 27, 2014)

* * * * * * * * * * * * * * * RAITHE PACE, * UNPUBLISHED

*

Petitioner, * Special Master Dorsey

*

v. *

* Decision on Proffer; Damages; SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; Shoulder AND HUMAN SERVICES, * Injury Related to Vaccine

* Administration (“SIRVA”). Respondent. *

*

* * * * * * * * * * * * * * * Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner. Traci Patton, United States Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On December 19, 2013, Raithe Pace (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program 2 alleging that she suffered from a left shoulder injury that had been caused-in-fact by an influenza (“flu”) vaccine administered to her on September 24, 2011. Petition at 1. On June 3, 2014, a Ruling on Entitlement was issued based on respondent’s concession.

On June 25, 2014, respondent filed a Proffer on Award of Compensation. Respondent proffers that, based upon her review of the evidence of record, petitioner should be awarded $95,000.00. Respondent states that petitioner agrees with the amount set forth in the Proffer.

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 awards petitioner:

A lump sum payment of $95,000.00, in the form of a check payable to petitioner, Raithe Pace. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.

Proffer ¶ II.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT herewith. 3

IT IS SO ORDERED. s/ Nora Beth Dorsey Nora Beth Dorsey Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

RAITHE PACE, )

) Petitioner, )

v. ) No. 13-1007V

) Special Master Dorsey SECRETARY OF HEALTH AND HUMAN ) ECF SERVICES, )

) Respondent. )

) )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded $95,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees. II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the special master’s decision and the Court’s judgment award the following: 1

A. A lump sum payment of $95,000.00 in the form of a check payable to petitioner, Raithe

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

Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 medical expenses and future pain and suffering.

Respectfully submitted, STUART F. DELERY Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division ALTHEA W. DAVIS Senior Trial Counsel Torts Branch, Civil Division s/Traci R. Patton TRACI R. PATTON Senior 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) 353-1589

DATE: June 25, 2014