Lewis v. Secretary of Health and Human Services ( 2018 )


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  •          In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 17-46V
    Filed: March 7, 2018
    UNPUBLISHED
    LEANNE LEWIS,
    Special Processing Unit (SPU);
    Petitioner,                          Damages Decision Based on Proffer;
    v.                                                       Influenza (Flu) Vaccine; Shoulder
    Injury Related to Vaccine
    SECRETARY OF HEALTH AND                                  Administration (SIRVA)
    HUMAN SERVICES,
    Respondent.
    Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
    Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
    DECISION AWARDING DAMAGES1
    Dorsey, Chief Special Master:
    On January 11, 2017, 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 a Shoulder Injury Related to
    Vaccine Administration (“SIRVA”) as a result of her October 30, 2015 influenza (“flu”)
    vaccination. See Petition. The case was assigned to the Special Processing Unit of the
    Office of Special Masters.
    On March 2, 2018, respondent filed his Rule 4(c) Report and Proffer of
    Compensation (“Proffer”) indicating petitioner should be awarded $112,500.00 Proffer
    at 1, 4. In the Proffer, respondent represented that petitioner agrees with the proffered
    award. On March 7, 2018, a ruling on entitlement was issued, finding petitioner entitled
    to compensation for SIRVA.
    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    Because this unpublished decision contains a reasoned explanation for the action in this case, the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).
    Based 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 Proffer, the undersigned awards petitioner
    a lump sum payment of $112,500.00 in the form of a check payable to petitioner,
    Leanne Lewis. 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
    

Document Info

Docket Number: 17-46

Judges: Nora Beth Dorsey

Filed Date: 6/11/2018

Precedential Status: Non-Precedential

Modified Date: 4/18/2021