Smith v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-1013V

Filed: April 8, 2015

Unpublished

**************************** CATHERINE SMITH, *

*

Petitioner, * Damages Decision Based on Proffer;

* Trivalent Influenza or Flu Vaccine; * Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration; SIRVA; Special AND HUMAN SERVICES, * Processing Unit

*

Respondent. *

*

**************************** Michael G. McLaren, Esq., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN for petitioner.

Julia W. McInerny, Esq., U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master:

On October 20, 2014, Catherine Smith 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”]. Petitioner alleges that she suffered a shoulder injury related to vaccine administration [“SIRVA”] caused by the trivalent influenza vaccination she received on October 5, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 16, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for her shoulder injury related to vaccine administration [“SIRVA”]. On April 8, 2015, respondent filed a proffer on award of compensation [“Proffer”] indicating petitioner should be awarded $76,000.00 “which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).” Proffer at 1.

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $76,000.00 in the form of a check payable to petitioner, Catherine Smith. 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 s/Denise K. Vowell Denise K. Vowell Chief Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS ____________________________________

)

CATHERINE SMITH, )

)

Petitioner, )

) No. 14-1013V

v. ) Chief Special Master Vowell

) ECF

SECRETARY OF HEALTH AND ) HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $76,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $76,000.00 in the form of a check payable to petitioner. Petitioner agrees.

Respectfully submitted, BENJAMIN C. MIZER Acting 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/ Julia W. McInerny JULIA W. MCINERNY Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146

DATED: April 8, 2015 (202) 353-3919