In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-190V 

 Filed: January 11, 2018 

UNPUBLISHED 

AMBER MCATEER, 

 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) 

 

Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. 

Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On February 8, 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”) following an influenza (“flu”) vaccination on October 1, 2014. 

Petition at 1. The case was assigned to the Special Processing Unit of the Office of 

Special Masters. 

On September 21, 2017, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for a SIRVA. On January 11, 2018, respondent filed a proffer 

on award of compensation (“Proffer”) indicating petitioner should be awarded 

$104,350.44 ($102,500 for pain and suffering and $1,850.44 for out-of-pocket 

expenses). Proffer at 1. In the Proffer, respondent represented that petitioner agrees 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $104,350.44 ($102,500.00 for pain and suffering, 

and $1,850.44 for out-of-pocket expenses) in the form of a check payable to 

petitioner, Amber McAteer. 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

____________________________________

)

AMBER MCATEER, )

)

Petitioner, )

) No. 17-190

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. )

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On September 21, 2017, respondent filed a Vaccine Rule 4(c) report concluding that 

petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury 

Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on September 21, 2017, 

the Chief Special Master issued a Ruling on Entitlement.

I. Items of Compensation

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

$104,350.44 ($102,500.00 for pain and suffering and $1,850.44 for out-of-pocket expenses)

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

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

 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 lost earnings, and future pain and suffering. 
2

II. Form of the Award

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

through a lump sum payment of $104,350.44 in the form of a check payable to petitioner. 

Petitioner agrees. 

Respectfully submitted,

CHAD A. READLER

Acting Assistant Attorney General

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/Christine Mary Becer

CHRISTINE MARY BECER

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Tel: (202) 616-3665

Date: January 11, 2018