Kruger v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-792V

Filed: August 27, 2015

Unpublished

**************************** MORGAN KRUGER, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza; Shoulder Injury (“SIRVA”) * Special Processing Unit (“SPU”)

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*

**************************** Danielle Strait, Maglio Christopher and Toale, PA, Washington, D.C., for petitioner. Camille Collett, U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES 1

Vowell, Chief Special Master:

On August 29, 2014, Morgan Kruger 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 resulting from the administration of an influenza vaccine on Janary 10, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On November 21, 2014, I issued a ruling on entitlement, finding petitioner entitled to compensation for a Shoulder Injury Related to Vaccine Administration (“SIRVA”). On August 27, 2015, respondent filed a proffer on award of compensation [“Proffer”] indicating petitioner should be awarded $150,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled. Proffer at 1.

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, Morgan Kruger. 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

____________________________________ MORGAN KRUGER, ) ECF

)

Petitioner, ) No. 14-792V

) Chief Special Master v. ) DENISE K. VOWELL

)

SECRETARY OF HEALTH ) AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 19, 2014, respondent filed a status report in which she conceded entitlement. On November 21, 2014, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. Respondent now proffers that petitioner receive an award of a lump sum of $150,000.00, in the form of a check payable to petitioner. This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled. 1 This proffer does not address final attorneys’ fees and litigation costs. Petitioner is additionally entitled to reasonable attorneys’ fees and litigation costs, to be determined at a later date upon petitioner submitting substantiating documentation.

Petitioner agrees with the proffered award of $150,000.00, as representing all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.

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/Camille M. Collett CAMILLE M. COLLETT Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 616-4098

Dated: August 27, 2015