In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-0941V

Filed: August 22, 2019

UNPUBLISHED

BARBARA GOLDMAN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Pneumococcal Conjugate Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

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

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

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On June 28, 2018, 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”) due to a pneumococcal conjugate vaccine received on 

December 17, 2015. Petition at 1. The case was assigned to the Special Processing 

Unit of the Office of Special Masters.

On July 23, 2019, a ruling on entitlement was issued, finding petitioner entitled to 

compensation for her SIRVA. On August 21, 2019, respondent filed a proffer on award 

of compensation (“Proffer”) indicating petitioner should be awarded $98,123.20 

 

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 Because this unpublished decision contains a reasoned explanation for the 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

(comprising $95,000.00 for pain and suffering and $3,123.20 for unreimbursed 

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

with the proffered award. Id. 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 $98,123.20 (comprising $95,000.00 for pain and 

suffering and $3,123.20 for unreimbursed expenses) in the form of a check 

payable to petitioner, Barbara Goldman. 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

____________________________________ 

 ) 

BARBARA GOLDMAN, ) 

 ) 

 Petitioner, ) 

 ) No. 18-941V 

 v. ) Chief Special Master Dorsey

 ) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On July 22, 2019, 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 July 23, 2019, the Chief Special 

Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine 

compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”).

I. Items of Compensation 

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

$98,123.20 ($95,000.00 for pain and suffering and $3,123.20 for unreimbursed 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 $98,123.20 in the form of a check payable to petitioner. 

Petitioner agrees. 

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

 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: August 21, 2019