Tregillus v. Secretary of Health and Human Services ( 2019 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0688V
Filed: October 16, 2019
UNPUBLISHED
ELIZABETH TREGILLUS,
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Influenza (Flu) Vaccine; Shoulder
HUMAN SERVICES, Injury Related to Vaccine
Administration (SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Corcoran, Chief Special Master:
On May 15, 2018, 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”) as a result of an influenza (“flu”) vaccine she received on
October 26, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On June 28, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her SIRVA. On October 16, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating that petitioner should be awarded
$61,154.32 (comprised of $59,500.00 for pain and suffering and $1,654.32 for past
unreimbursable medical expenses). Proffer at 1-2. In the Proffer, respondent
1I intend to post this decision on the United States Court of Federal Claims' website. 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. Because this unpublished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).
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
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 $61,154.32 (comprised of $59,500.00 for pain and suffering and
$1,654.32 for past unreimbursable medical expenses) in the form of a check
payable to petitioner, Elizabeth Tregillus. 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
ELIZABETH TREGILLUS,
Petitioner,
No. 18-688V
v. Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On June 28, 2019, respondent filed a Rule 4(c) Report conceding that petitioner is entitled
to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”)
injury. The same day, June 28, 2019, a Ruling on Entitlement, adopting respondent’s
recommendation, was issued.
Based upon the evidence of record, respondent proffers that petitioner 1 should be awarded
$61,154.32. This is comprised of pain and suffering ($59,500.00) and past unreimbursable
medical expenses ($1,654.32), and represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). 2 Petitioner agrees.
1
Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.
2
Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief.
1
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through:
a lump sum of $61,154.32 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
Petitioner agrees.
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/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: October 16, 2019
2