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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-313V Filed: April 19, 2016 UNPUBLISHED **************************** KAREN RYF, * * Petitioner, * Damages Decision Based on Proffer; * Influenza Vaccine (“Flu Vaccine”); * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * **************************** Diana Sedar, Maglio, Christopher and Toale, PA (FL), Sarasota, FL, for petitioner. Sarah Duncan, U.S. Department of Justice, Washington, DC for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On March 26, 2015, Karen Ryf 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”). Petitioner alleged that she suffered injuries causally related to the influenza vaccine she received in her left deltoid on October 29, 2013. Petition, ¶¶ 1, 13. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 5, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation. On April 19, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $15,479.90 for past and future lost earnings, $125,000.00 for projected and actual pain and suffering, and $1,144.50 for past unreimbursable expenses for a total award of $141,624.40. Proffer at 1-2. In the 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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. 2National 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 (2006). Proffer, respondent represented that petitioner agrees with the proffered award.
Id. Based onthe 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 $141,624.40 in the form of a check payable to petitioner, Karen Ryf. This total award represents $15,479.90 in lost earnings, $125,000.00 in pain and suffering, and $1,144.50 in unreimbursable expenses. 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 Case 1:15-vv-00313-UNJ Document 30 Filed 04/19/16 Page 1 of 3 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) KAREN RYF, ) ) Petitioner, ) ) No. 15-0313V v. ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation A. Lost Earnings The parties agree that based upon the evidence of record, Karen Ryf has suffered past and future loss of earnings as a result of her vaccine-related injury. Therefore, respondent proffers that the Court should award Karen Ryf a lump sum of $15,479.90 for her past and future lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. B. Pain and Suffering Respondent proffers that Karen Ryf should be awarded $125,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:15-vv-00313-UNJ Document 30 Filed 04/19/16 Page 2 of 3 C. Past Unreimbursable Expenses Evidence supplied by petitioner documents Karen Ryf’s expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,144.50, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. II. Form of the Award The parties recommend that the compensation provided to Karen Ryf should be made through a lump sum payment as described below and request that the Special Master’s decision and the Court’s judgment award the following 1: a lump sum payment of $141,624.40, representing compensation for lost earnings ($15,479.90), pain and suffering ($125,000), and past unreimbursable expenses ($1,144.50), in the form of a check payable to petitioner, Karen Ryf. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Karen Ryf: $ 141,624.40 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 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 lost earnings and future pain and suffering. 2 Case 1:15-vv-00313-UNJ Document 30 Filed 04/19/16 Page 3 of 3 MICHAEL P. MILMOE Senior Trial Counsel Torts Branch, Civil Division s/ Sarah C. Duncan Sarah C. Duncan 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) 514-9729 Fax: (202) 616-4310 DATED: April 19, 2016 3
Document Info
Docket Number: 15-313
Judges: Nora Beth Dorsey
Filed Date: 5/27/2016
Precedential Status: Non-Precedential
Modified Date: 4/18/2021