Odom 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. 17-198V
    Filed: August 28, 2017
    UNPUBLISHED
    ALICE ODOM,
    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.
    Mary Coffey, Coffey & Nichols, LLC, St. Louis, MO, for petitioner.
    Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
    DECISION AWARDING DAMAGES 1
    Dorsey, Chief Special Master:
    On February 10, 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”) following her October 3, 2015 influenza (“flu”) vaccination.
    Petition at 1. The case was assigned to the Special Processing Unit of the Office of
    Special Masters.
    On July 20, 2017, a ruling on entitlement was issued, finding petitioner entitled to
    compensation for a SIRVA. On August 25, 2017, respondent filed a proffer on award of
    compensation (“Proffer”) indicating petitioner should be awarded $66,000.00. Proffer at
    1. In the Proffer, respondent represented that petitioner agrees with the proffered
    1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 (2012).
    award. 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 attached Proffer, the undersigned awards
    petitioner a lump sum payment of $66,000.00 in the form of a check payable to
    petitioner, Alice Odom. 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
    THE UNITED STATES COURT OF FEDERAL CLAIMS
    OFFICE OF SPECIAL MASTERS
    ALICE ODOM,
    Petitioner,
    v.                                                    No. 17-198V
    Chief Special Master Nora Beth Dorsey
    SECRETARY OF HEALTH AND                               ECF
    HUMAN SERVICES,
    Respondent.
    RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
    On July 19, 2017, respondent filed his Rule 4(c) Report, in which he recommended that
    the Court find petitioner entitled to compensation, and on July 20, 2017, the Court entered its
    Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers
    that petitioner receive an award of a lump sum of $66,000.00 in the form of a check payable to
    petitioner. This amount represents compensation for all elements of compensation under 42
    U.S.C. § 300aa-15(a) to which petitioner is entitled. 1
    Petitioner agrees with the proffered award of $66,000.00. 2
    Respectfully submitted,
    CHAD A. READLER
    Acting Assistant Attorney General
    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 medical
    expenses, future pain and suffering, and future lost wages.
    2
    This proffer does not include any award for attorneys’ fees and costs that may be awarded
    pursuant to 42 U.S.C. § 300aa-15(e).
    1
    C. SALVATORE D’ALESSIO
    Acting Director
    Torts Branch, Civil Division
    CATHARINE E. REEVES
    Deputy Director
    Torts Branch, Civil Division
    HEATHER L. PEARLMAN
    Assistant Director
    Torts Branch, Civil Division
    s/ RYAN D. PYLES
    RYAN D. PYLES
    Trial Attorney
    Torts Branch, Civil Division
    U.S. Department of Justice
    P.O. Box 146
    Benjamin Franklin Station
    Washington, DC 20044-0146
    Tel: (202) 616-9847
    Dated: August 25, 2017
    2
    

Document Info

Docket Number: 17-198

Judges: Nora Beth Dorsey

Filed Date: 2/2/2018

Precedential Status: Non-Precedential

Modified Date: 2/2/2018