Leep v. Secretary of Health and Human Services ( 2021 )


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  •     In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 20-342V
    UNPUBLISHED
    DONNA LEEP,                                                 Chief Special Master Corcoran
    Petitioner,                            Filed: September 2, 2021
    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)
    Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
    Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
    DECISION AWARDING DAMAGES 1
    On March 25, 2020, Donna Leep filed a petition for compensation under the
    National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the
    “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
    administration (SIRVA) after receiving an influenza (“flu”) vaccination on October 11,
    2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office
    of Special Masters.
    On July 19, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
    compensation for a left SIRVA. On September 1, 2021, Respondent filed a proffer on
    award of compensation (“Proffer”) indicating Petitioner should be awarded $110,302.68.
    Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the
    1
    Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
    required to post it on the United States Court of Federal Claims' website in accordance with the E-
    Government Act of 2002. 
    44 U.S.C. § 3501
     note (2012) (Federal Management and Promotion of Electronic
    Government Services). This means the Decision will be available to anyone with access to the
    internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
    medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
    If, upon review, I agree that the identified material fits within this definition, I will redact such material from
    public access.
    2
    National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 
    100 Stat. 3755
    . Hereinafter, for ease
    of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
    300aa (2012).
    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 $110,302.68 in the form of a check payable to Petitioner. This award
    is comprised of $110,000.00 for pain and suffering and $302.68 for past unreimbursable
    out-of-pocket medical expenses.
    These amounts represent compensation for all damages that would be available
    under Section 15(a).
    The clerk of the court is directed to enter judgment in accordance with this
    decision. 3
    IT IS SO ORDERED.
    s/Brian H. Corcoran
    Brian H. Corcoran
    Chief Special Master
    3
    Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
    renouncing the right to seek review.
    2
    IN THE UNITED STATES COURT OF FEDERAL CLAIMS
    OFFICE OF SPECIAL MASTERS
    DONNA LEEP,                                   )
    )
    Petitioner,                  )       No. 20-342V
    )       Chief Special Master
    v.                                  )       Brian H. Corcoran
    )       SPU
    SECRETARY OF HEALTH                           )
    AND HUMAN SERVICES,                           )
    )
    Respondent.                  )
    )
    RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
    On March 25, 2020, Donna Leep (“petitioner”) filed a petition for compensation under
    the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the
    Act”), 42 U.S.C. §§ 300aa-1 to -34. Respondent conceded petitioner’s entitlement to
    compensation in his Rule 4(c) Report filed on July 14, 2021. (ECF No. 26) Based on
    Respondent’s Rule 4(c) Report, on July 19, 2021, Chief Special Master Corcoran found
    petitioner entitled to compensation for her left shoulder SIRVA injury. (ECF No. 27)
    I.    Items of Compensation
    Based upon the evidence of record, respondent proffers that petitioner should be awarded
    $110,302.68. The award is comprised of $110,000.00 for pain and suffering, and $302.68 for
    past unreimbursable out-of-pocket medical expenses. This 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 a lump sum payment of $ $110,302.68, in the form of a check made payable to
    petitioner. 1 Petitioner agrees.
    Petitioner is a competent adult. Evidence of guardianship is not required in this case.
    Respectfully submitted,
    BRIAN M. BOYNTON
    Acting Assistant Attorney General
    C. SALVATORE D’ALESSIO
    Acting Director
    Torts Branch, Civil Division
    HEATHER L. PEARLMAN
    Deputy Director
    Torts Branch, Civil Division
    DARRYL R. WISHARD
    Assistant Director
    Torts Branch, Civil Division
    s/Althea Walker Davis
    ALTHEA WALKER DAVIS
    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) 616-0515
    Althea.Davis@usdoj.gov
    DATED: September 1, 2021
    1
    Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
    Court for appropriate relief. In particular, respondent would oppose any award for future
    medical expenses, future lost earnings, and future pain and suffering.
    

Document Info

Docket Number: 20-342

Judges: Brian H. Corcoran

Filed Date: 10/8/2021

Precedential Status: Non-Precedential

Modified Date: 10/8/2021