Elizabeth Holland v. Secretary of the Department of Health and Human Services 1

Case 1:13-vv-00156-UNJ Document 15 Filed 07/01/13 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-156 V
July 1, 2013
Not for Publication
*****************************
ELIZABETH HOLLAND, *
*
Petitioner, * Damages Decision Based on Proffer
*
v. *
*
SECRETARY OF THE DEPARTMENT OF *
HEALTH AND HUMAN SERVICES, *
*
Respondent. *
*
*****************************
Ronald C. Homer, New York, NY, for petitioner.
Claudia B. Gangi, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On July 1, 2013, respondent filed a Proffer on Award of Compensation. Based on the
record as a whole, the special master finds that petitioner is entitled to the award as stated in the
Proffer. Pursuant to the terms stated in the attached Proffer, the court awards petitioner a lump
sum payment of $151, 832.96 representing compensation for pain and suffering ($150,000.00) and
past unreimbursable expenses ($1,832.96), made payable to Elizabeth Holland, petitioner.
The telephonic status conference set for Tuesday, July 2, 2013 is cancelled.
1
Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the
special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine
Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade
secrets or commercial or financial information that is privileged and confidential, or medical or similar information
whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed,
petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the
special master, upon review, agrees that the identified material fits within the banned categories listed above, the
special master shall redact such material from public access.
Case 1:13-vv-00156-UNJ Document 15 Filed 07/01/13 Page 2 of 4
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: July 1, 2013 s/Laura D. Millman
Laura D. Millman
Special Master
2
Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly,
filing a notice renouncing the right to seek review.
2
Case 1:13-vv-00156-UNJ Document 15 Filed 07/01/13 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
ELIZABETH HOLLAND, )
)
Petitioner, )
) No. 13-156V
v. ) Special Master Millman
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Elizabeth Holland should be awarded $150,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,832.96. Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to Elizabeth Holland should be
made through a lump sum payment of $151,832.96, representing compensation for pain and
suffering, and past unreimbursable expenses, payable to Elizabeth Holland, petitioner.
Case 1:13-vv-00156-UNJ Document 15 Filed 07/01/13 Page 4 of 4
Respectfully submitted,
STUART F. DELERY
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior 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) 616-4138
Dated: July 1, 2013