In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0151V
Filed: November 7, 2016
UNPUBLISHED
****************************
KATHERINE R. HIME, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
****************************
Daniel Henry Pfeifer, Pfeifer, Morgan & Stesiak, South Bend, IN, for petitioner.
Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 2, 2016, Katherine R. Hime (“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”) as a result of receiving an influenza
(“flu”) vaccine on January 30, 2014. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On May 4, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On November 7, 2016, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $77,665.11. 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Because this unpublished decision contains a reasoned explanation for the action in this case, the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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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
the following:
a) A lump sum payment of $2,665.11, which amount represents
reimbursement of a State of Indiana Medicaid lien, in the form of a check
payable jointly to petitioner, and
HP Enterprise Services/TPL
P.O. Box 7262
Indianapolis, IN 46207-7262
Re: Katherine R. Hime 49CO11502MI006151
Petitioner agrees to endorse this check to the appropriate State agency.
b) A lump sum payment of $75,000, in the form of a check payable to
petitioner, Katherine R. Hime. These 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
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KATHERINE R. HIME, )
)
Petitioner, ) No. 16-151V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On May 4, 2016, the Chief Special Master issued a Ruling on Entitlement finding that
petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine
Administration. Respondent proffers, based on the evidence of record, that petitioner should be
awarded $77,665.11, including satisfaction of a State of Indiana Medicaid lien. This amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through the following lump sum payments:
a) a lump sum of $2,665.11, which amount represents reimbursement of a State of
Indiana Medicaid lien, in the form of a check payable jointly to petitioner, and
HP Enterprise Services/TPL
P.O. Box 7262
Indianapolis, IN 46207-7262
Re: Katherine R. Hime 49CO11502MI006151
Petitioner agrees to endorse this check to the appropriate State agency.
b) a lump sum payment of $75,000, in the form of a check payable to petitioner. 1
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: November 7, 2016 Fax: (202) 616-4310
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, future pain and suffering, and future lost wages.
Hime v. Secretary of Health and Human Services
Combined Opinion