In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-0639V 

Filed: February 7, 2017 

UNPUBLISHED 

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

SHARON G. ORTAGUS, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

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

 * Injury Related to Vaccine Administration 

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit 

AND HUMAN SERVICES, * (“SPU”) 

 * 

 Respondent. * 

 * 

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

Leah VaSahnja Durant, Law Offices, Washington, DC, for petitioner. 

Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On May 27, 2016, Sharon G. Ortagus (“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”) as a result of receiving an influenza 

(“flu”) vaccine on October 13, 2015. Petition at 1. The case was assigned to the 

Special Processing Unit of the Office of Special Masters. 

On September 7, 2016, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for SIRVA. On February 6, 2017, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $165,500.00. 

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

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $165,500.00, in the form of a check payable to 

petitioner, Sharon G. Ortagus. 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

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

*

SHARON G. ORTAGUS, *

*

Petitioner, *

*

v. * No. 16-639V (ECF)

* CHIEF SPECIAL MASTER

* NORA BETH DORSEY

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

In her September 7, 2016 Ruling on Entitlement, the Chief Special Master found that a 

preponderance of the medical evidence indicates that petitioner suffered a shoulder injury related 

to vaccine administration (“SIRVA”), which was causally related to the flu vaccination she 

received on October 13, 2015. The parties have now addressed the amount of compensation to 

be awarded in this case. 

I. Compensation

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

a total lump sum of $165,500.00, which amount 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, respondent would oppose any award for future 

medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the 

right to move the Court for appropriate relief.
2

II. Form of the Award

The parties recommend that the compensation provided should be made through lump 

sum payment in the form of a check for $165,500.00, payable to petitioner.

Respectfully submitted, 

CHAD A. READLER

Acting Assistant Attorney General

Civil Division

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES 

Deputy Director

Torts Branch, Civil Division

VORIS E. JOHNSON, JR.

Senior Trial Attorney

Torts Branch, Civil Division

/s/ DOUGLAS ROSS

DOUGLAS ROSS

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) 616-3667

DATE: February 6, 2017