Brock v. Secretary of Health and Human Services ( 2020 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-399V
UNPUBLISHED
NANCY BROCK, Chief Special Master Corcoran
Petitioner, Filed: December 4, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine and
Pneumococcal Conjugate Vaccine;
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA)
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
On March 15, 2018, Nancy Brock 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 SIRVA after she received
influenza and pneumococcal vaccines on October 8, 2015. Petition at 1-2. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On April 2, 2019, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On December 3, 2019, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $125,000.00.
Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the
1
Because this unpublished ruling contains a reasoned explanation for the action in this case, I am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 ruling 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).
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 $125,000.00 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
____________________________________
)
NANCY BROCK, ) No. 18-399V
) Chief Special Master Corcoran
Petitioner, ) ECF
)
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On March 29, 2019, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered an injury (SIRVA) that is compensable under the National Childhood Vaccine Injury
Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34. Accordingly, on April 2, 2019, the
Chief Special Master issued a Ruling on Entitlement.
Respondent now proffers that, based on the evidence of record, petitioner should be
awarded $125,000.00. This amount represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Items of Compensation and Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following: 1
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.
A. Petitioner’s Damages
A lump sum payment of $125,000.00 (for past and future pain and suffering) in the form
of a check payable to petitioner, Nancy Brock.
B. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
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/ Daniel A. Principato
DANIEL A. PRINCIPATO
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3662
Fax: (202) 353-2988
Dated: December 3, 2019
2