Buck 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. 18-1573V
    UNPUBLISHED
    DEBBIE BUCK,                                                Chief Special Master Corcoran
    Petitioner,                            Filed: May 10, 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)
    David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for petitioner.
    Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
    DECISION AWARDING DAMAGES1
    On October 10, 2018, Debbie Buck 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 an influenza (“flu”) vaccine administered on
    October 14, 2016. Petition at 1. The case was assigned to the Special Processing Unit of
    the Office of Special Masters.
    On December 27, 2019, a ruling on entitlement was issued, finding Petitioner
    entitled to compensation. On May 7, 2021, Respondent filed a proffer on award of
    compensation (“Proffer”) indicating Petitioner should be awarded $113,210.00. Proffer at
    2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
    1  Because this unpublished decision contains a reasoned explanation for the action in this case, I am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).
    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 $113,210.00 (representing compensation in the amount of
    $112,000.00 in pain and suffering and $1,210.00 in past unreimbursable 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
    )
    DEBBIE BUCK,                                        )
    )
    Petitioner,                          )
    )   No. 18-1573V
    v.                                                  )   Chief Special Master Corcoran
    )   ECF
    SECRETARY OF HEALTH AND HUMAN                       )
    SERVICES,                                           )
    )
    Respondent.                          )
    )
    RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
    On October 10, 2018, Debbie Buck (“petitioner”) filed a petition for compensation under
    the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
    or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration
    (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
    vaccine she received on October 14, 2016. Petition at 1. On December 23, 2019, the Secretary
    of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is
    appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on
    December 27, 2019, the Chief Special Master issued a Ruling on Entitlement finding petitioner
    entitled to compensation. ECF No. 28; ECF No. 29.
    I.     Items of Compensation
    A.      Pain and Suffering
    Respondent proffers that petitioner should be awarded $112,000.00 in pain and suffering.
    See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
    B.      Past Unreimbursable Expenses
    Evidence supplied by petitioner documents that she incurred past unreimbursable
    expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
    awarded past unreimbursable expenses in the amount of $1,210.00. See 42 U.S.C. § 300aa-
    15(a)(1)(B). Petitioner agrees.
    These amounts represent all elements of compensation to which petitioner is entitled
    under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
    II.    Form of the Award
    Petitioner is a competent adult. Evidence of guardianship is not required in this case.
    Respondent recommends that the compensation provided to petitioner should be made through a
    lump sum payment as described below and requests that the Chief Special Master’s decision and
    the Court’s judgment award the following 1: a lump sum payment of $113,210.00, in the form of
    a check payable to petitioner.
    III.   Summary of Recommended Payments Following Judgment
    Lump sum payable to petitioner, Debbie Buck:                                  $113,210.00
    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
    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
    ALEXIS B. BABCOCK
    Assistant Director
    Torts Branch, Civil Division
    /s/ Colleen C. Hartley
    COLLEEN C. HARTLEY
    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) 616-3644
    Email: colleen.hartley@usdoj.gov
    DATED: May 7, 2021
    3
    

Document Info

Docket Number: 18-1573

Judges: Brian H. Corcoran

Filed Date: 6/9/2021

Precedential Status: Non-Precedential

Modified Date: 6/9/2021