In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-826V
Filed: December 18, 2015
Unpublished
****************************
MARY PONSNESS, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
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Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 3, 2015, 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” or “Program”]. Petitioner alleges that she suffered shoulder injuries as a result of
her January 11, 2013 influenza [“flu”] vaccination. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On December 15, 2015, a ruling on entitlement was issued, finding petitioner
entitled to compensation for shoulder injury related to vaccine administration [“SIRVA”].
On December 18, 2015, respondent filed a proffer on award of compensation [“Proffer”]
indicating petitioner should be awarded $95,000.00. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Based on the
1
Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it 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)). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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).
record as a whole, the undersigned finds that petitioner is entitled to an award as stated
in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $95,000.00 in the form of a check payable to
petitioner, Mary Ponsness. This amount represents compensation for all damages
that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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
Case 1:15-vv-00826-UNJ Document 19 Filed 12/18/15 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARY PONSNESS, )
)
Petitioner, )
)
v. ) No. 15-826V
) Chief Special Master Nora Beth Dorsey
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$95,000.00. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a)(1); -15(a)(3)(A); and -15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as a
lump sum payment of $95,000.00, in the form of a check payable to petitioner. 1 Petitioner is a
competent adult. Evidence of guardianship is not required in this case. This amount accounts
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
1
Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.
Case 1:15-vv-00826-UNJ Document 19 Filed 12/18/15 Page 2 of 2
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/ LARA A. ENGLUND
LARA A. ENGLUND
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) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: December 18, 2015
2