In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-811V
Filed: November 8, 2018
UNPUBLISHED
CATHERINE FRY,
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Influenza (Flu) Vaccine; Shoulder
HUMAN SERVICES, Injury Related to Vaccine
Administration (SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 15, 2017, 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”). Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), resulting from an influenza (“flu”) vaccination she received on
October 24, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On April 3, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her shoulder injury. On November 5, 2018, respondent filed a proffer
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is 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).
2National 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).
on award of compensation (“Proffer”) indicating petitioner should be awarded
$75,500.45. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
with the proffered award. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $75,500.45 in the form of a check payable to
petitioner, Catherine Fry. 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/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
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CATHERINE FRY,
Petitioner,
v.
No. 17-811V
SECRETARY OF HEALTH AND
Chief Special Master Dorsey
HUMAN SERVICES, ECF
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 31, 2018, respondent filed a Rule 4(c) Report conceding petitioner’s
entitlement to compensation for her SIRVA injury. On April 3, 2018, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to damages in this case. Respondent
now proffers that petitioner receive an award of a lump sum of $75,500.45 in the form of a check
payable to petitioner. This amount represents compensation for all elements of compensation
under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled. 1 This proffer does not address final
attorneys’ fees and litigation costs. Petitioner is additionally entitled to reasonable attorneys’ fees
and litigation costs, to be determined at a later date upon petitioner submitting substantiating
documentation.
Petitioner agrees with the proffered award of $75,500.45 as representing all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
Respectfully submitted,
JOSPEH H. HUNT
Assistant Attorney General
1
Should petitioner die prior to the 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, future lost earnings, and future pain and suffering.
C. SALVATORE D`ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4098
DATE: November 5, 2018