Opinion

Thompson v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
May 20, 2022
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Unpublished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. 20-1508V

UNPUBLISHED

ANNETTE THOMPSON, Chief Special Master Corcoran

Petitioner, Filed: April 7, 2022

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)

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

Michael Johnson Dunn Brown, U.S. Department of Justice, Washington, DC, for

Respondent.

DECISION AWARDING DAMAGES1

On November 2, 202, Annette Thompson 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 suffered a shoulder injury related to vaccine

administration (SIRVA) resulting from the administration of an influenza (flu) vaccination

on September 27, 2019. Petition at 1. The case was assigned to the Special Processing

Unit of the Office of Special Masters.

On February 17, 2022, a ruling on entitlement was issued, finding Petitioner

entitled to compensation for SIRVA. On April 6, 2022, Respondent filed a proffer on award

of compensation (“Proffer”) indicating Petitioner should be awarded $98,591.20, including

$97,500.00 in actual pain and suffering and $1,091.20 for past unreimbursable expenses.

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am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.

2National 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 (2012).

Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the

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 $98,591.20, including $97,500.00 in actual pain and suffering and

$1,091.20 for past unreimbursable expenses, in the form of a check payable to

Petitioner. This amount represents compensation for all damages that would be available

under Section 15(a).

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

____________________________________

)

ANNETTE THOMPSON, )

Petitioner, )

) No. 20-1508V

v. ) Chief Special Master Corcoran

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On November 2, 2020, Annette Thompson (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. Petitioner alleged that he suffered a Shoulder Injury

Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine

administered to her on September 27, 2019. Petition at 1. On January 28, 2022, the Secretary of

Health and Human Services (“respondent”) filed a Rule 4(c) Report recommending that

compensation be awarded. ECF No. 24. On March 21, 2022, the Chief Special Master issued a

Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 28.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $97,500.00 in actual pain and

suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents her expenditure for past unreimbursable

expenses related to her vaccine-related injury. Respondent proffers that petitioner should be

1

awarded past unreimbursable expenses in the amount of $1,091.20, as provided under the

Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). 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 $98,591.20, representing

compensation for actual pain and suffering ($97,500.00) and past unreimbursable expenses

($1091.20) in the form of a check payable to petitioner, Annette Thompson. Petitioner agrees.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Annette Thompson: $ 98,591.20

Respectfully submitted,

BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

LARA A. ENGLUND

Assistant 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

/s/ Michael J. Brown

MICHAEL J. BROWN

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) 451-7730

Michael.j.brown3@usdoj.gov

DATED: April 5, 2022

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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