In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
******************** *
PATRICIA HUHMANN, * No. 13-903V
* Special Master Christian J. Moran
Petitioner, *
* Filed: August 29, 2014
v. *
* Damages; decision based on proffer;
SECRETARY OF HEALTH * influenza (“flu”) vaccine; shoulder
AND HUMAN SERVICES, * injury related to vaccine
* administration (“SIRVA”).
Respondent. *
******************** *
Kathy A. Lee, Cline, Farrell, et al., Indianapolis, IN, for petitioner;
Claudia B. Gangi, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On November 13, 2013, Patricia Huhmann filed a petition under the
National Childhood Vaccine Injury Act, 42 U.S.C. §300 a-10 through 34 (2006),
alleging that she suffered pain in her left shoulder secondary to the influenza
(“flu”) vaccine she received in her left arm on November 16, 2010. The
undersigned ruled that Ms. Huhmann is entitled to compensation under the
Vaccine Act. Ruling, issued on May 13, 2014.
On August 26, 2014, respondent filed a Proffer on Award of Compensation,
to which petitioner agrees. Based upon the record as a whole, the special master
finds the proffer reasonable and that petitioner is entitled to an award as stated in
the Proffer. Pursuant to the attached Proffer, with Tab A, the court awards
petitioner:
1
The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the
Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion
proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any
redactions ordered by the special master will appear in the document posted on the website.
A lump sum payment of $120,000.00 representing compensation for lost
earnings ($4,480.00), pain and suffering ($114,344.03), and past
unreimbursable expenses ($1,175.97), in the form of a check payable to
petitioner, Patricia Huhmann.
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.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2
Case 1:13-vv-00903-UNJ Document 32 Filed 08/26/14 Page 1 of 3
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
PATRICIA HUHMANN, )
)
Petitioner, )
) No. 13-903V
v. ) Special Master Moran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioner is not entitled to an
award for projected unreimbursable medical care expenses incurred from the date of judgment as
provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, Patricial Huhmann has suffered
a past loss of earnings as a result of her vaccine-related injury. Therefore, respondent proffers
that the Court should award Patricia Huhmann a lump sum of $4,480.00 for her lost earnings as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that the Court should award Patricia Huhmann a lump sum of
$114,344.03 for her actual and projected pain and suffering. This amount reflects that the award
Case 1:13-vv-00903-UNJ Document 32 Filed 08/26/14 Page 2 of 3
for projected pain and suffering has been reduced to net present value. See § 300aa-15(a)(4).
Petitioner agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Patricia Huhmann’s expenditure of past
unreimubursable expenses as a result of her vaccine-related injury. Respondent proffers that the
Court should award Patricia Huhmann a lump sum of $1,175.97 for past unreimbursable
expenses as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to her vaccine-
related injury.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below and request that the Special Master’s decision
and the Court’s judgment award the following 1: a lump sum payment of $120,000.00,
representing compensation for lost earnings ($4,480.00), pain and suffering ($114,344.03), and
past unreimbursable expenses ($1,175.97), in the form of a check payable to petitioner, Patricia
Huhmann.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner: $120,000.00
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 pain and
suffering.
Case 1:13-vv-00903-UNJ Document 32 Filed 08/26/14 Page 3 of 3
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
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: August 26, 2014