In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-693V 

 Filed: March 27, 2018 

UNPUBLISHED 

TODD ROSENTHAL, 

 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) 

 

Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. 

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for 

respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On May 24, 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 he suffered a left shoulder injury as a result of an influenza 

(“flu”) vaccine he received on September 29, 2015. Petition at 1. The case was 

assigned to the Special Processing Unit of the Office of Special Masters. 

On February 16, 2018, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for Shoulder Injury Related to Vaccine Administration 

(“SIRVA”). On March 26, 2018, respondent filed a proffer on award of compensation 

(“Proffer”) indicating petitioner should be awarded $60,000.00. Proffer at 1. In the 

Proffer, respondent represented that petitioner agrees with the proffered award. Based 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $60,000.00 in the form of a check payable to 

petitioner, Todd Rosenthal. 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

TODD ROSENTHAL,

Petitioner,

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent. 

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No. 17-693V 

Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On February 16, 2018, respondent concededed that entitlement to compensation was 

appropriate under the terms of the Vaccine Act. Thereafter, on February 16, 2018, Chief Special 

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

compensation for his Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based on 

the evidence of record, respondent proffers that petitioner should be awarded $60,000.00. This 

amount 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 compensation provided to petitioner should be made through 

a lump sum payment of $60,000.00, in the form of a check payable to petitioner. Petitioner 

 

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 lost earnings 

and future pain and suffering. 
agrees.

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

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 

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

 s/ Mallori B. Openchowski 

MALLORI B. OPENCHOWSKI

Trial Attorney

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146, Ben Franklin Station 

 Washington, DC 20044-0146 

 Tel.: (202) 305-0660 

DATED: March 26, 2018