Ratterman v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-767V Filed: March 6, 2015

************************* JENNIFER RATTERMAN *

* *

Petitioner, * Damages Decision Based on Proffer;

* Influenza Vaccine; Shoulder Injury v. * Related to Vaccine Administration

* (“SIRVA”); Special Processing Unit * (“SPU”)

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

************************* Richard Christian Macke, Esq., Newport, KY, for petitioner.

Lynn Elizabeth Ricciardella, Esq., U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master:

On August 22, 2014, Jennifer Ratterman 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 as a result of an influenza (“flu”) vaccination on August 26, 2011, petitioner suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.

On December 30, 2014, I issued a ruling on entitlement, finding petitioner entitled to compensation. On March 6, 2015, respondent filed a proffer on award of compensation (“Proffer”) detailing compensation for all elements of compensation to which petitioner would be entitled under §15(a). 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 $150,000.00 in the form of a check payable to petitioner.

This amount represents compensation for all damages that would be available under §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

____________________________________

)

JENNIFER RATTERMAN, )

)

Petitioner, ) No. 14-767V

) Chief Special Master Vowell v. )

)

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 $150,000.00. 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 Jennifer Ratterman should be made through a lump sum payment as described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:1

A lump sum payment of $150,000.00 in the form of a check payable to petitioner, Jennifer Ratterman. 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, BENJAMIN C. MIZER 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/ Lynn E. Ricciardella LYNN E. RICCIARDELLA Senior Trial Attorney 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: March 6, 2015