Hearns v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

******************** * GAINES HEARNS, *

* No. 14-669V Petitioner, * Special Master Christian J. Moran

* v. * Filed: October 16, 2015

* SECRETARY OF HEALTH * Damages; decision based on proffer; AND HUMAN SERVICES, * influenza (“flu”) vaccination;

* shoulder injury. Respondent. *

******************** * Ronald C. Homer, Conway, Homer & Chin-Caplan, Boston, MA, for Petitioner; Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION AWARDING DAMAGES1 On July 29, 2014, Gaines Hearns filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that the trivalent influenza vaccination caused him to suffer a shoulder injury related to vaccine administration (“SIRVA”).

On October 14, 2015, respondent filed a Proffer on Award of Compensation, to which petitioner agrees. Based upon the record as a whole, the special master finds the proffer reasonable and that petitioner is entitled to an award as stated in the Proffer. Pursuant to the attached Proffer the court awards petitioner: 1. A lump sum payment of $75,000.00, in the form of a check payable to petitioner, Gaines Hearns. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a), except as set forth below in paragraph 2; and

2. A lump sum of $307.27, which amount represents reimbursement of a lien for services rendered on behalf of Gaines Hearns, in the form of a check payable jointly to petitioner and

HMS TPL Recovery Unit

2000 Interstate Park Dr., Suite 401

Montgomery, AL 36109

Case No: 160873 Petitioner agrees to endorse this payment to the HMS, TPL Recovery Unit.

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 14-669V according to this decision and the attached proffer.2

Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360.

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master

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

GAINES HEARNS,

Petitioner, v.

No. 14-669V SECRETARY OF HEALTH AND Special Master Moran HUMAN SERVICES, ECF

Respondent.

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $75,307.27, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made through the following payments:

a. A lump sum of $75,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a), except as set forth in paragraph II.b; and

b. A lump sum of $307.27, which amount represents reimbursement of a lien for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner 1 and

HMS

TPL Recovery Unit

2000 Interstate Park Dr., Suite 401

Montgomery, AL 36109

Case No: 160873 Petitioner agrees. 2

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

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 Jennifer L. Reynaud JENNIFER L. REYNAUD Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 305-1586

DATED: October 14, 2015