In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-645V

Filed: March 1, 2019

UNPUBLISHED

EMILY MCINTOSH,

 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)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

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

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On May 16, 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 Shoulder Injury Related to Vaccine 

Administration (“SIRVA”) as a result of her October 20, 2015 influenza (“flu”) 

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

Office of Special Masters.

On February 7, 2018, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for SIRVA. On February 26, 2019, respondent filed a proffer 

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

 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is required 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).

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

$120,593.99 (representing $117,500.00 for pain and suffering and $3,093.99 for 

unreimbursed expenses and lost wages). Proffer at 1. 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. Id. 

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

petitioner a lump sum payment of $120,593.99 (representing $117,500.00 for pain 

and suffering and $3,093.99 for unreimbursed expenses and lost wages) in the 

form of a check payable to petitioner, Emily McIntosh. This amount represents 

compensation for all damages that would be available under § 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

____________________________________

)

EMILY MCINTOSH, )

)

Petitioner, )

) No. 17-645V

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On February 5, 2018, 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 February 7, 2018, 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 

$120,593.99 ($117,500.00 for pain and suffering and $3,093.99 for unreimbursed expenses and 

lost wages) 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 $120,593.99 in the form of a check payable to petitioner. 

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

 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: February 26, 2019