Hagerman v. Secretary of Health and Human Services ( 2016 )


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  •         In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 16-0052V
    Filed: June 2, 2016
    UNPUBLISHED
    ****************************
    DIANA HAGERMAN,                            *
    *
    Petitioner,           *     Damages Decision Based on Proffer;
    v.                                         *     Influenza (“Flu”) Vaccine; Shoulder
    *     Injury Related to Vaccine Administration
    SECRETARY OF HEALTH                        *     (“SIRVA”); Special Processing Unit
    AND HUMAN SERVICES,                        *     (“SPU”)
    *
    Respondent.           *
    *
    ****************************
    Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
    Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
    DECISION AWARDING DAMAGES1
    Dorsey, Chief Special Master:
    On January 12, 2016, Diana Hagerman (“petitioner”) 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 injuries to
    her right shoulder which were caused-in-fact by an influenza (“flu”) vaccine she received
    on November 4, 2014. Petition at 1. The case was assigned to the Special Processing
    Unit of the Office of Special Masters.
    On April 27, 2016, a ruling on entitlement was issued, finding petitioner entitled to
    compensation. On June 2, 2016, respondent filed a proffer on award of compensation
    (“Proffer”) indicating petitioner should be awarded $130,000.00. Proffer at 1. In the
    Proffer, respondent represented that petitioner agrees with the proffered award. Based
    1
    Because this unpublished decision contains a reasoned explanation for the action in this case, the
    undersigned intends 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). 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, the undersigned agrees that the identified material fits
    within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
    300aa (2012).
    on the record as a whole, the undersigned finds that petitioner is entitled to an award as
    stated in the Proffer.
    Pursuant to the terms stated in the attached Proffer, the undersigned awards
    petitioner a lump sum payment of $130,000.00, in the form of a check payable to
    petitioner, Diana Hagerman. This amount represents compensation for all damages
    that would be available under § 300aa-15(a).
    The clerk of the court is directed to enter judgment in accordance with this
    decision.3
    IT IS SO ORDERED.
    s/Nora Beth Dorsey
    Nora Beth Dorsey
    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
    ____________________________________
    )
    DIANA HAGERMAN,                      )
    )
    Petitioner,              )
    )   No. 16-52V
    v.                            )   Chief Special Master Dorsey
    )   ECF
    SECRETARY OF HEALTH AND             )
    HUMAN SERVICES,                     )
    )
    Respondent.             )
    ____________________________________)
    RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
    I.     Items of Compensation
    Based upon the evidence of record, respondent proffers that petitioner should be awarded
    $130,000.00, which 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 $130,000.00 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
    1
    Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
    for appropriate relief. In particular, respondent would oppose any award for future pain and
    suffering.
    CATHARINE E. REEVES
    Acting Deputy Director
    Torts Branch, Civil Division
    LINDA S. RENZI
    Senior Trial Counsel
    Torts Branch, Civil Division
    s/ ANN D. MARTIN
    ANN D. MARTIN
    Senior 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) 307-1815
    DATED: June 2, 2016
    2
    

Document Info

Docket Number: 16-52

Judges: Nora Beth Dorsey

Filed Date: 7/6/2016

Precedential Status: Non-Precedential

Modified Date: 4/18/2021