Norris 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. 19-1425V
    UNPUBLISHED
    ANTOINETTE NORRIS,                                          Chief Special Master Corcoran
    Petitioner,                            Filed: May 25, 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)
    Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
    Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent.
    DECISION AWARDING DAMAGES 1
    On September 18, 2019, Antoinette Norris 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”) caused by an influenza vaccine administered on September 17,
    2018. Petition at 1. Petitioner further alleges that her symptoms lasted for more than six
    months, that the vaccine was administered within the United States, and that neither
    Petitioner nor any other party has received compensation for her injury. Petition at 4. The
    case was assigned to the Special Processing Unit of the Office of Special Masters.
    On April 15, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
    compensation for a SIRVA. On May 24, 2021, Respondent filed a proffer on award of
    compensation (“Proffer”) indicating Petitioner should be awarded $55,694.82 (comprised
    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    Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
    (2012).
    of $55,000.00 for pain and suffering and $694.82 for out of pocket 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 $55,694.82 (comprised of $55,000.00 for pain and suffering and
    $694.82 for out of pocket 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. 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
    __________________________________________
    )
    ANTOINETTE NORRIS,                         )
    )
    Petitioner,              )
    )  No. 19-1425V (ECF)
    v.                                         )  Chief Special Master Corcoran
    )
    SECRETARY OF HEALTH                        )
    AND HUMAN SERVICES,                        )
    )
    Respondent.             )
    __________________________________________)
    RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
    On April 15, 2021, respondent conceded that entitlement to compensation was
    appropriate under the terms of the Vaccine Act. ECF No. 32. Thereafter, on April 15, 2021,
    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”). ECF No. 33.
    I.        Items of Compensation
    Based upon the evidence of record, respondent proffers that petitioner should be awarded
    $55,694.82. The award is comprised of the following: $55,000.00 for pain and suffering and
    $694.82 for out of pocket 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 $55,694.82, in the form of a check payable to petitioner. 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
    Acting Deputy Director
    Torts Branch, Civil Division
    ALEXIS B. BABCOCK
    Assistant Director
    Torts Branch, Civil Division
    /s/ LYNN C. SCHLIE
    Lynn C. Schlie
    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) 616-3667
    Fax: (202) 616-4310
    Dated: May 24, 2021
    

Document Info

Docket Number: 19-1425

Judges: Brian H. Corcoran

Filed Date: 6/25/2021

Precedential Status: Non-Precedential

Modified Date: 6/28/2021