Ahram v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-1004V (Not to be published)

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

* ARIEL AHRAM, * Filed: January 22, 2015

* Petitioner, * Entitlement; Off-Table Injury;

* Conceded; Decision by Proffer; v. * Damages; Influenza (“Flu”)

* Vaccine; Shoulder Injury Related * to Vaccine Administration

SECRETARY OF HEALTH AND * (“SIRVA”) HUMAN SERVICES, *

* Respondent. *

* ***************************** Isaiah Kalinowski, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner. Michael Milmoe, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION FINDING ENTITLEMENT AND AWARDING DAMAGES1 On December 19, 2013, Ariel Ahram filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleged that she suffered from a shoulder injury related to vaccine administration (“SIRVA”) in her left shoulder as a result of receiving the influenza (“flu”) vaccine on November 3, 2011.

In her Rule 4(c) report, filed on March 19, 2014, Respondent conceded that Petitioner’s claim was compensable under the Act. Respondent specifically stated that the Division of Vaccine Injury Compensation, Department of Health and Human Services, had reviewed the facts of this case and had concluded that Petitioner’s injury was consistent with SIRVA, and based on the medical records Petitioner had filed, that Petitioner met the statutory requirement for entitlement to compensation. Therefore, based on the record as it then stood, Respondent indicated that Petitioner had satisfied all legal prerequisites for compensation under the Act.

On January 22, 2015, Respondent filed a proffer recommending a specific award of compensation to Petitioner. I have reviewed the file, and based upon that review, I conclude that the Respondent’s proffer was reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The proffer awards Petitioner:  A lump sum of $96,250.00 in the form of a check payable to Petitioner, Ariel

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

Proffer § 2.

Based on my own review of the record (See § 300aa-13(a)(1); 42 C.F.R. § 100.3(a)(I), I find that Petitioner is entitled to compensation for an injury that was caused-in-fact by a covered vaccine. 42 C.F.R. §§ 100.3(a)(XIV), 100.3(b)(2). I therefore approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioner. 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.3

IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS ____________________________________

) ARIEL AHRAM, )

) Petitioner, ) No. 13-1004V

) Special Master Corcoran

v. ) ECF

) SECRETARY OF HEALTH AND ) HUMAN SERVICES, )

) Respondent. )

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

For purposes of this Proffer, the term “vaccine-related” is described in Respondent’s Rule 4(c) Report, filed on March 19, 2014, conceding entitlement in this case. Respondent proffers that, based on the evidence of record, petitioner should be awarded $96,250.00. 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 $96,250.00 in the form of a check payable to petitioner, Ariel

Ahram. 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, JOYCE R. BRANDA Acting 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/ Michael P. Milmoe MICHAEL P. MILMOE Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-4125

Dated: January 22, 2015 Fax: (202) 616-4310