In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-397V
(E-Filed: September 10, 2014)
* * * * * * * * * * * * * * *
JENNAH QUTUB, * UNPUBLISHED
*
Petitioner, * Special Master Hamilton-Fieldman
*
v. *
* Influenza (“Flu”) Vaccination;
SECRETARY OF HEALTH AND * Shoulder Injury Related to Vaccine
HUMAN SERVICES, * Administration (“SIRVA”); Decision;
* Proffer.
Respondent. *
* * * * * * * * * * * * * * *
Clifford J. Shoemaker, Shoemaker and Associates, Vienna, VA, for Petitioner.
Lisa A. Watts, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 20, 2012, Petitioner, Jennah Qutub, filed a petition seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).
Petitioner alleged that the administration of an influenza vaccination on January 25, 2011,
caused her to suffer a shoulder injury related to vaccine administration (“SIRVA”).2
1
Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this decision on the
United States Court of Federal Claims’ website, in accordance with the E-Government
Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at
44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14
days within which to request redaction “of any information furnished by that party: (1)
that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which
would constitute a clearly unwarranted invasion of privacy.” Otherwise, “the entire”
decision will be available to the public. Id.
2
The National Vaccine Injury Compensation Program is set forth in Part 2 of the
National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755,
Respondent submitted in a Proffer, filed on September 9, 2014, that based on the
evidence of record, Petitioner should be awarded $206,652.15, and that Petitioner agrees
to this amount.
The undersigned finds said proffer reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in
the attached Proffer, the undersigned awards Petitioner:
A lump sum total of $206,652.15, representing the discounted present value
of Petitioner’s projected vaccine-related injury expenses ($10,111.08), past
lost earnings ($42,528.00), pain and suffering ($153,792.00), and past
un-reimbursable expenses ($221.07) in the form of a check payable to
Petitioner.
Proffer Section II, III.
The undersigned approves the requested amounts for Petitioner’s compensation.
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.3
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
codified as amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
(Vaccine Act or the Act). All citations in this decision to individual sections of the
Vaccine Act are to 42 U.S.C.A. ' 300aa.
3
Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties
joint filing of notice renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
________________________________________
JENNAH QUTUB, )
) ECF
Petitioner, )
)
v. ) No. 12-397V
) Special Master
SECRETARY OF HEALTH AND HUMAN ) Lisa Hamilton-Fieldman
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$10,111.08 for projected unreimbursable medical expenses. This amount reflects that the award
for projected unreimbursable expenses has been reduced to net present value. See 42 U.S.C.
§ 300aa-15(a)(1), (f)(4)(A). Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, it is unlikely that petitioner’s
vaccine-related injury will impact her future employment. Thus, future lost earnings under 42
U.S.C. § 300aa-15(a)(3)(A) are not appropriate in this case. However, petitioner did experience
a total past loss of earnings in the amount of $42,528.00, and respondent proffers that amount be
awarded to her. Petitioner agrees.
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C. Pain and Suffering
Respondent proffers that petitioner should be awarded $153,792.00 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), (f)(4)(A).
Petitioner agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioners should be
awarded past unreimbursable expenses in the amount of $221.07. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no Medicaid liens outstanding against her.
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. A lump sum payment of $206,652.15, representing the discounted present value
of petitioner’s projected vaccine-related injury expenses ($10,111.08), past lost
earnings ($42,528.00), pain and suffering ($153,792.00), and past un-reimbursable
expenses ($221.07) in the form of a check payable to petitioner.
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
medical expenses and future pain and suffering.
2
1. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner for future vaccine-related expenses,
past unreimbursable expenses, past lost earnings, and
pain and suffering: $206,652.15
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/Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4099
Dated: September 9, 2014.
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