Walden v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 19-927V UNPUBLISHED

TAMMIE WALDEN, Chief Special Master Corcoran

Petitioner, Filed: November 18, 2020 v.

Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder

Injury Related to Vaccine Respondent. Administration (SIRVA)

Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Jeremy C. Fugate, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On June 25, 2019, Tammie Walden filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury as a result of her influenza (“flu”) vaccination on October 23, 2018. Petition at 1-6. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On November 16, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a Shoulder Injury Related to Vaccine Administration (“SIRVA”). On November 16, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $93,002.75. The award is comprised of the following: $90,000.00 for pain and suffering and $3,002.75 for unreimbursed medical expenses. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $93,002.75 (comprised of $90,000.00 for pain and suffering and $3,002.75 for unreimbursed medical expenses) 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. 2 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

TAMMIE WALDEN, )

) Petitioner, )

v. ) No. 19-927V

) Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN ) SERVICES, )

) Respondent. )

) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation

On November 2, 2020, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. On November 16, 2020, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based upon the evidence of record, respondent proffers that petitioner should be awarded $93,002.75. The award is comprised of the following: $90,000.00 for pain and suffering and $3,002.75 for unreimbursed medical expenses. This amount 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

The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $93,002.75, in the form of a check payable to petitioner. 1 Petitioner agrees.

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

Respectfully submitted, JEFFERY BOSSERT CLARK Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division HEATHER L. PEARLMAN Assistant Director Torts Branch, Civil Division s/ JEREMY C. FUGATE JEREMY C. FUGATE 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) 598-3831

Dated: November 16, 2020 [email protected]