Sido v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-0386V Filed: September 14, 2015 Unpublished

**************************** KATYA SIDO, *

* *

Petitioner, * Damages Decision Based on Proffer;

* Influenza (“flu”) vaccine; Shoulder Injury v. * Related to Vaccine Administration

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

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

**************************** Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Justine E. Walter, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Vowell, Special Master:

On April 16, 2015, Katya Sido 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 alleged that as a result of an influenza (“flu”) vaccination on November 1, 2013, petitioner suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at ¶¶2, 14-15. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.

On June 30, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation. On September 14, 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 $122,390.25 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 Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS )

KATYA SIDO, )

)

Petitioner, )

) No. 15-386V v. ) Special Master Vowell

) ECF SECRETARY OF HEALTH AND ) SPU HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 16, 2015, petitioner, Katya Sido, filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10 to -34 (“Vaccine Act”), alleging that she suffered from a right shoulder injury as a result of receiving an influenza vaccination in her right arm on November 1, 2013. On June 29, 2015, respondent filed her Rule 4(c) Report stating that petitioner’s right arm injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”). Respondent conceded that petitioner’s SIRVA is compensable under the Vaccine Act. Accordingly, on June 30, 2015, Special Master Vowell issued a Ruling on Entitlement finding that petitioner is entitled to compensation for SIRVA. For the purposes of this proffer, the term “vaccine-related” is as described in Respondent’s Rule 4(c) Report filed on June 29, 2015.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $122,390.25, which represents all elements of compensation to which petitioner is 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 $122,390.25 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 GLENN A. MACLEOD Senior Trial Counsel Torts Branch, Civil Division s/ Justine Walters JUSTINE WALTERS 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) 307-6393

DATE: September 14, 2015