Shives v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-0296V Filed: September 16, 2015 Unpublished

**************************** NADARA SHIVES, *

* *

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. *

**************************** Lauren E. Faga, Conway Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Vowell, Special Master:

On March 23, 2015, Nadara Shives 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 September 20, 2013, petitioner suffered a right shoulder injury related to vaccine administration (“SIRVA”). The case was assigned to the Special Processing Unit of the Office of Special Masters (“SPU”).

On June 12, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation. On September 16, 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 $120,000.00 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 Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

************************** * *

* NADARA SHIVES, *

* Petitioner, *

* v. * No. 15-296V (ECF)

* SPECIAL MASTER * DENISE K. VOWELL

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent *

*****************************

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION Respondent filed her Vaccine Rule 4(c) Report on June 11, 2015, conceding that petitioner was entitled to receive compensation for a shoulder injury related to vaccine administration (“SIRVA”), which was caused by the flu vaccination she received on September 20, 2013. On July 8, 2015, the Special Master issued a decision finding that a preponderance of the medical evidence established that petitioner’s SIRVA injury was causally related to the flu vaccination she received on September 20, 2013. The parties proceeded thereafter to address the amount of compensation to be awarded in this case.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded a total lump sum of $120,000.00, which amount 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 $120,000.00 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 LYNN E. RICCIARDELLA Senior Trial Attorney Torts Branch, Civil Division /s/ GLENN A. MACLEOD GLENN A. MACLEOD Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 616-4122

DATE: September 16, 2015