Massi v. Secretary of Health and Human Services ( 2021 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-930V
UNPUBLISHED
MELODY MASSI, Chief Special Master Corcoran
Petitioner, Filed: February 8, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES 1
On June 26, 2019, Melody Massi 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”) Table injury as a result of an influenza (“flu”) vaccination
received on October 20, 2016. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 16, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On February 4, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $135,000.00 for pain
and suffering and $4,885.00 for unreimbursed medical expenses. Proffer at 1. In the
Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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Because this unpublished decision contains a reasoned explanation for the action in this case, I am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).
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 $139,885.00 (representing $135,000.00 for pain and suffering and
$4,885.00 for unreimbursed medical 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
MELODY MASSI,
Petitioner,
No. 19-930V
v. Chief Special Master Corcoran (SPU)
SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On October 13, 2020, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to vaccine compensation for a Table injury of Shoulder Injury Related to Vaccine
Administration sustained within the Table time period following receipt of an influenza
vaccination on October 20, 2016. ECF No. 24. A Ruling on Entitlement was issued on October
16, 2020. ECF No. 25.
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$135,000.00 for pain and suffering and $4,885.00 for unreimbursed medical expenses. This
award represents all elements of compensation to which petitioner is entitled under 42 U.S.C. §
300aa-15(a). 1 Petitioner agrees.
1
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 payment of $139,885.00 in the form of a check payable to petitioner. 2
Petitioner agrees.
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
GABRIELLE M. FIELDING
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, D.C. 20044-0146
Tel: (202) 616-3677
Email: adriana.teitel@usdoj.gov
Dated: February 4, 2021
2
Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.
2