Opinion

Brown v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Oct 8, 2024
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 23-1671V

JULIE BROWN, Chief Special Master Corcoran

Petitioner,

v. Filed: September 6, 2024

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON DAMAGES1

On September 28, 2023, Julie Brown 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 the result of an influenza (“flu”) vaccine received on October

28, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the

Office of Special Masters.

On June 28, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled

to compensation for a SIRVA. On September 5, 2024, Respondent filed a Proffer on

award of compensation (“Proffer”). Respondent represented that Petitioner agrees with

the proffered award. Id. at 1 – 2. Based on the record as a whole, I find that Petitioner is

entitled to an award as stated in the Proffer.

1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made

publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or

at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government

Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2018).

Pursuant to the terms stated in the Proffer, I award the following compensation:

A lump sum of $107,203.17 (representing $105,000.00 for pain and suffering,

and $2,203.17 for past unreimbursable expenses) in the form of a check payable to

Petitioner. Proffer at 1 – 2. This amount represents compensation for all damages that

would be available under Section 15(a). Id.

The Clerk of 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

JULIE BROWN,

Petitioner,

v. No. 23-1671V (ECF)

Chief Special Master Corcoran

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On September 28, 2023, Julie Brown (“petitioner”) filed a petition for compensation

under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or

“the Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging that she suffered a left-sided shoulder injury

related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, following

administration of an influenza (“flu”) vaccination that she received on October 28, 2021. ECF

No. 1 at 1. On June 18, 2024, respondent filed a Rule 4(c) Report recommending that

compensation be awarded. ECF No. 23. That same day, Chief Special Master Corcoran issued a

Ruling on Entitlement, agreeing with respondent that petitioner is entitled to compensation. ECF

No. 25.

I. Items of Compensation

a. Pain and Suffering

Respondent proffers that petitioner should be awarded $105,000.00 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 pertaining to her vaccine-related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the total amount of $2,203.17 (representing $2,125.95

for past out-of-pocket expenses and $77.22 for past mileage). 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

one lump sum payment as described below and requests that the Chief Special Master’s decision

and the Court’s judgment award the following:1

One lump sum payment of $107,203.17, in the form of a check payable to petitioner.

Respectfully submitted,

BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO

Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

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

VORIS E. JOHNSON

Assistant Director

Torts Branch, Civil Division

/s/ Joseph Leavitt

JOSEPH D. LEAVITT

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, D.C. 20044-0146

Tel: (202) 616-0515

Email: joseph.leavitt@usdoj.gov

Dated: September 5, 2024

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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