In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1139V 

Filed: March 2, 2017 

UNPUBLISHED 

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

JAMIE MOHR, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

v. * Influenza (“Flu”); Shoulder Injury 

 * Related to Vaccine Administration 

SECRETARY OF HEALTH * (“SIRVA”); 

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

 * 

 Respondent. * 

 * 

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

Michael McLaren, Black McLaren, et al., PC, Memphis, TN, for petitioner. 

Debra Begley, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On September 14, 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 received an influenza (“flu”) shot on 

December 27, 2015 and subsequently suffered a shoulder injury related to vaccine 

administration (“SIRVA”). Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters. 

On December 20, 2016, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for a SIRVA. On February 28, 2017, respondent filed a proffer 

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

$90,902.04. 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. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

Case 1:16-vv-01139-UNJ Document 21 Filed 03/02/17 Page 1 of 2
2

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

petitioner a lump sum payment of $90,902.04 in the form of a check payable to 

petitioner, Jamie Mohr. 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.

Case 1:16-vv-01139-UNJ Document 21 Filed 03/02/17 Page 2 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

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

JAMIE MOHR, *

* 

 Petitioner, * No. 16-1139V 

 * CHIEF SPECIAL MASTER

v. * NORA BETH DORSEY

 * 

SECRETARY OF HEALTH AND * 

HUMAN SERVICES, * 

 * 

 Respondent. * 

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation 

The Court issued a Ruling on Entitlement on December 20, 2016. Based upon the 

evidence of record, respondent proffers that petitioner should be awarded $90,902.04, 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 

Petitioner is a competent adult. Evidence of guardianship is not required in this case. 

Respondent recommends that the compensation provided to petitioner should be made through a 

lump sum payment of $90,902.04, in the form of a check payable to petitioner. Petitioner agrees.

Respectfully submitted, 

CHAD A. READLER 

Acting Assistant Attorney General 

 

1

 Should petitioner die prior to the 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.

Case 1:16-vv-01139-UNJ Document 21-1 Filed 03/02/17 Page 1 of 2
2 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

CATHARINE E. REEVES 

Deputy Director 

Torts Branch, Civil Division 

 

ANN D. MARTIN 

 Senior Trial Attorney 

 Torts Branch, Civil Division 

 /s/ DEBRA A. FILTEAU BEGLEY 

 DEBRA A. FILTEAU BEGLEY 

 Trial Attorney 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

 Phone: (202) 616-4181 

Dated: February 28, 2017 

Case 1:16-vv-01139-UNJ Document 21-1 Filed 03/02/17 Page 2 of 2