In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-0839V 

 Filed: June 26, 2018 

UNPUBLISHED 

CONNIE OSBORNE, 

 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) 

 

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner. 

Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On June 21, 2017, Connie Osborne (“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 her receipt of an influenza (“flu”) 

vaccine on August 24, 2016, caused her to suffer a left-sided 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 March 5, 2018, a ruling on entitlement was issued, finding petitioner entitled 

to compensation. On June 26, 2018, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $83,000.00. Proffer at 

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

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $83,000.00, in the form of a check payable to 

petitioner, Connie Osborne. 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.
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

 

 ) 

CONNIE OSBORNE, ) 

 ) 

 Petitioner, ) 

 ) No. 17-839V (ECF)

v. ) Chief Special Master Dorsey 

 ) 

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

) 

 Respondent. ) 

 ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

I. Compensation for Vaccine Injury-Related Items 

On March 5, 2018, Chief Special Master Dorsey issued a Ruling on Entitlement finding 

that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine 

Administration (“SIRVA”). Based on the evidence of record, respondent proffers that petitioner 

should be awarded $83,000.00. This amount represents all elements of compensation to which 

petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 

II. Form of the Award

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

lump sum payment of $83,000.00 in the form of a check payable to petitioner.1

 Petitioner 

agrees. 

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

 

1 Should petitioner die prior to the entry of judgment, respondent reserves the right to 

move the Court for appropriate relief. In particular, respondent would oppose any award for 

future medical expenses, future pain and suffering, and future lost wages. 
2 

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/Amy P. Kokot 

 AMY P. KOKOT 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Ben Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-4118 

Dated: June 26, 2018