Gordon v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-1171V Filed: July 22, 2015 Not for Publication

************************* RONALD GORDON, *

* *

Petitioner, * Damages Decision Based on Proffer;

* Influenza Vaccine (“Flu”); v. * Shoulder Injury Related to

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

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

************************* Tara O’Mahoney, Law Offices of Chicago-Kent College of Law, Chicago, IL, for petitioner.

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

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master:

On December 5, 2014, Ronald Gordon 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 a seasonal influenza (“flu”) vaccination on December 12, 2012, petitioner suffered a Shoulder Injury Related to Vaccine Administration [“SIRVA”]. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 24, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration [“SIRVA”]. On July 21, 2015, respondent filed a proffer on award of compensation [“Proffer”] indicating that petitioner should be awarded compensation in the amount of $100,000.00. Proffer at 1.

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $100,000.00 in the form of a check payable to petitioner, Ronald Gordon. 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

______________________________ RONALD GORDON, )

) Petitioner, )

) No. 14-1171V

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 $100,000.00, 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 $100,000.00 in the form of a check payable to petitioner. Petitioner agrees.

Respectfully submitted, BENJAMIN C. MIZER Principal Deputy 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: July 21, 2015 (202) 353-3919