In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-218V

Filed: July 19, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

EVONNE RISDALL, *

*

Petitioner, * Damages Decision Based on Proffer;

v. * Influenza;

* Shoulder Injury; SIRVA;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.

Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On February 12, 2016, 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 following receipt of 

her October 8, 2014 influenza vaccination. Petition at 1. The case was assigned to the 

Special Processing Unit of the Office of Special Masters.

On April 29, 2016, a ruling on entitlement was issued, finding petitioner entitled to 

compensation for a shoulder injury related to vaccine administration (“SIRVA”). On July 

18, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating 

petitioner should be awarded $110,000.00. Proffer at 1. In the Proffer, respondent 

represented that petitioner agrees with the proffered award. Based on the record as a 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $110,000.00 in the form of a check payable to 

petitioner, Evonne Ridsall. 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.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

EVONNE RISDALL, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 16-218V 

 Chief Special Master Nora Beth Dorsey 

 ECF 

 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

 On April 28, 2016, respondent filed her Rule 4(c) Report, in which she recommended 

that the Court find petitioner entitled to compensation, and on April 29, 2015, the Court entered 

its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers 

that petitioner receive an award of a lump sum of $110,000.00 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 

 Petitioner agrees with the proffered award of $110,000.00.2

 

Respectfully submitted, 

BENJAMIN C. MIZER 

 Principal Deputy Assistant Attorney General 

 

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. 

 

2

 This proffer does not include any award for attorneys’ fees and costs that may be awarded 

pursuant to 42 U.S.C. § 300aa-15(e). 
2

RUPA BHATTACHARYYA 

 Director 

 Torts Branch, Civil Division 

 CATHARINE E. REEVES 

 Acting Deputy Director 

 Torts Branch, Civil Division 

 

 MICHAEL P. MILMOE 

Senior Trial Counsel 

 Torts Branch, Civil Division 

 s/ RYAN D. PYLES 

RYAN D. PYLES 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-9847 

Dated: July 18, 2016