United States Court of Federal Claims, 2015

Corriveau v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided February 24, 2015 · Denise Kathryn Vowell

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-718V Filed: January 26, 2015 Not For Publication

**************************** ELLEN CORRIVEAU, *

* Petitioner, * Damages Decision Based on Proffer; v. * Influenza; Shoulder Injury Related to

* Vaccine Administration (SIRVA) SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* **************************** John Robert Howie, Jr., Howie Law, P.C., Dallas, TX for petitioner.

Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Vowell, Chief Special Master:

On August 8, 2014, Ellen Corriveau 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 Ms. Corriveau suffered a left shoulder injury as a result of the administration of an influenza (“flu”) vaccination on August 16, 2011. (Petition at p. 1.)

On November 21, 2014, I issued a ruling on entitlement, finding petitioner entitled to compensation. (See Ruling on Entitlement (ECF No. 18).) On January 26, 2015, respondent filed a proffer on award of compensation (“Proffer”) detailing compensation for all elements of compensation to which petitioner would be entitled under § 300aa- 15(a)(1); -15(a)(3)(A); and -15(a)(4). According to respondent’s Proffer, petitioner agrees to the proposed award of compensation. Pursuant to the terms stated in the attached Proffer, I award petitioner:

A lump sum payment of $101,445.22 in the form of a check payable to petitioner, Ellen Corriveau.

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/Denise K. Vowell Denise K. Vowell Chief Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

ELLEN CORRIVEAU, )

) Petitioner, )

v. ) No. 14-718V

) Chief Special Master Vowell 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 $101,445.22. 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 $101,445.22 in the form of a check payable to petitioner, Ellen

Corriveau. 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 LINDA S. RENZI 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: January 26, 2015

1 Because this unpublished decision contains a reasoned explanation for the action in this case, it will be posted on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 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.

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