In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-751V

Filed: November 5, 2015

UNPUBLISHED

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

ALLISON HOLLAND, *

*

Petitioner, * Damages Decision Based on Proffer;

* Quadrivalent Influenza Vaccine;

* Shoulder Injury Related to 

SECRETARY OF HEALTH * Vaccine Administration (SIRVA); 

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

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

Nicholas Bunch, White, Getgey & & Meyer, Cincinnati, OH, for petitioner.

Ann Martin, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On July 17, 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 a shoulder injury related to 

vaccine administration (“SIRVA”) resulting from the quadrivalent influenza vaccination 

she received on October 1, 2014. Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

On October 20, 2015, the undersigned issued a ruling on entitlement in favor of 

petitioner. On November 4, 2015, respondent filed a proffer on award of compensation 

[“Proffer”] stating that petitioner should be awarded a lump sum in the amount of 

$74,046.40. 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.

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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

petitioner a lump sum payment of $74,046.40 in the form of a check payable to 

petitioner, Allison Holland. 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

____________________________________

)

ALLISON HOLLAND, )

)

Petitioner, )

) No. 15-751V

v. ) Chief Special Master Dorsey 

) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. )

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded 

$74,046.40, which represents all elements of compensation to which petitioner would be entitled 

under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made 

through a lump sum payment of $74,046.40 in the form of a check payable to petitioner. 

Petitioner agrees. 

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

 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 pain and 

suffering. 

Case 1:15-vv-00751-UNJ Document 16 Filed 11/04/15 Page 1 of 2
VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

s/ ANN D. MARTIN 

ANN D. MARTIN

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

DATED: November 4, 2015 

Case 1:15-vv-00751-UNJ Document 16 Filed 11/04/15 Page 2 of 2