In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-1413V 

 Filed: September 25, 2018 

UNPUBLISHED 

CYNTHIA LEVIN, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA) 

 

Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for 

petitioner. 

Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On October 3, 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”) as a result of an influenza (“flu”) vaccination administered on 

October 5, 2016. Petition at 1-2. The case was assigned to the Special Processing 

Unit of the Office of Special Masters. 

On June 7, 2018, a ruling on entitlement was issued, finding petitioner entitled to 

compensation for a SIRVA. On September 24, 2018, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $116,000.00 

consisting of $115,000.00 for past and future pain and suffering, and $1,000.00 for past 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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). 
2

unreimbursed expenses. Proffer at 2. 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. 

 Pursuant to the terms stated in the attached Proffer, the undersigned awards 

petitioner a lump sum payment of $116,000.00 in the form of a check payable to 

petitioner, Cynthia Levin. 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________

)

CYNTHIA LEVIN, )

)

 Petitioner, ) No. 17-1413V ECF

) 

 v. ) Chief Special Master Dorsey

 )

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, )

)

 Respondent. )

___________________________________ ) 

PROFFER ON AWARD OF COMPENSATION1

I. Procedural History

On October 3, 2017, Cynthia Levin (“petitioner”) filed a petition for compensation 

(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -

34, as amended. She alleges that, as a result of receiving the influenza (“flu”) vaccine on 

October 5, 2016, she suffered from a right shoulder injury related to vaccine administration 

(“SIRVA”), which is an injury listed on the Vaccine Injury Table (“Table”) for the flu vaccine.2 

Petition at 1-2. On June 4, 2018, respondent filed his Vaccine Rule 4(c) report, conceding 

entitlement to compensation for a right SIRVA. On June 7, 2018, the Chief Special Master 

issued a ruling on entitlement, finding that petitioner was entitled to compensation for a Table 

injury of SIRVA.

 

 1

 This Proffer does not include attorneys’ fees and costs, which the parties intend to 

address after the Damages Decision is issued.

2 The Table is located at 42 C.F.R. § 100.3.
2

II. Items of Compensation

Petitioner has alleged entitlement to the following elements of compensation: past and 

future pain/suffering and past unreimbursed expenses. Based upon the evidence of record, 

respondent proffers that petitioner should be awarded $115,000.00 for past and future 

pain/suffering, and $1,000.00 for past unreimbursed expenses, for a total of $116,000.00. This 

amount represents all elements of compensation to which petitioner would be entitled under 42 

U.S.C. § 300aa-15(a). Petitioner agrees.

III. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $116,000.00, in the form of a check payable to petitioner.

3

 

Petitioner agrees.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

 3

 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.
3

/s/Darryl R. Wishard 

 DARRYL R. WISHARD

Senior Trial Attorney

Torts Branch, Civil Division

U. S. Department of Justice

P.O. Box l46, Benjamin Franklin Station

Washington, D.C. 20044-0146

Direct dial: (202) 616-4357

Dated: September 24, 2018 Fax: (202) 616-4310