Leggett v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 14-238V Filed: July 29, 2014 (Not to be published)

**************************** LINDA LEGGETT, *

*

Petitioner, * Conceded; Influenza Vaccine; v. * Shoulder Injury related to vaccine

* administration [SIRVA]; Proffer SECRETARY OF HEALTH * on Damages AND HUMAN SERVICES, *

*

Respondent. *

**************************** Maximillian Muller, Esq., Muller Brazil, LLP, Philadelphia, PA for petitioner. Linda Renzi, Esq., U.S. Dept. of Justice, Washington, DC for respondent.

DECISION ON DAMAGES1 Gowen, Special Master:

On March 27, 2014, Linda Leggett [“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” or “Program”]. The petition alleges that petitioner received the influenza vaccine on October 19, 2012, and thereafter suffered a shoulder injury which was caused-in-fact by the influenza vaccine. Petition at 1. On July 3, 2014, respondent filed her Rule 4(c) report [“Respondent’s Report”], in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Report at 4. I issued a Ruling on Entitlement on July 10, 2014.

On July 28, 2014, respondent filed a proffer on award of compensation, which indicated that petitioner agreed to the compensation amount. Additionally, petitioner’s counsel was contacted by my chambers on July 28, 2014, where he confirmed petitioner’s agreement with the proposed compensation amount contained within the filed Proffer.

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $115,000.00 in the form of a check payable to petitioner, Linda Leggett. 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/Thomas L. Gowen Thomas L. Gowen Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

LINDA LEGGETT, )

) Petitioner, ) No. 14-238V

) Special Master

v. ) Thomas L. Gowen

) ECF

SECRETARY OF HEALTH ) AND HUMAN 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 $115,000.00. 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)(B); and §15(a)(4). Petitioner agrees.

II. Form of the Award:

The parties recommend that the compensation provided to Linda Leggett 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 $115,000.00 in the form of a check payable to petitioner,

Linda Leggett. 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.

Respectfully submitted, STUART F. DELERY 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/ Linda S. Renzi LINDA S. RENZI Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 616-4356

DATED: July 28, 2014