King v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

******************** * JAMES KING, *

* No. 13-962V Petitioner, * Special Master Christian J. Moran

* v. * Filed: June 30, 2014

* SECRETARY OF HEALTH * Damages; decision based on proffer; AND HUMAN SERVICES, * influenza (“flu”) vaccination;

* shoulder injury. Respondent. *

******************** * William E. Cochran , Jr., Black, McLaren, et al., Memphis, TN, for petitioner; Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.

UNPUBLISHED DECISION AWARDING DAMAGES1 On December 6, 2013, James King filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that influenza (“flu”) vaccination caused him to suffer a shoulder injury. On February 18, 2014, Mr. King was found entitled to compensation under the Vaccine Act. King v. Sec’y of Health & Human Servs., No. 13-962V, 2014 WL 1004405 (Fed. Cl. Spec. Mstr. Feb. 18, 2014).

On June 26, 2014, respondent filed a Proffer on Award of Compensation, to which petitioner agrees. Based upon the record as a whole, the special master finds the proffer reasonable and that petitioner is entitled to an award as stated in the Proffer. Pursuant to the Proffer, attached hereto as “Appendix A”, the court awards petitioner: A lump sum payment of $125,000.00, in the form of a check payable to petitioner, James King.

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.

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6353.

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

___________________________________

)

JAMES KING, )

)

Petitioner, ) No. 13-962V ECF

) v. ) Special Master Moran )

SECRETARY OF HEALTH ) AND HUMAN SERVICES, )

)

Respondent. )

___________________________________ )

PROFFER ON AWARD OF COMPENSATION 1

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $125,000.00, which represents 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

Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $125,000.00, in the form of a check payable to petitioner. Petitioner agrees.

Respectfully submitted, STUART F. DELERY Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division MICHAEL P. MILMOE Senior Trial Counsel Torts Branch, Civil Division /s/Darryl R. Wishard DARRYL R. WISHARD 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: June 26, 2014 Fax: (202) 616-4310