In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-1496V 

Filed: July 10, 2017

UNPUBLISHED

RACHEL KOENIG, 

 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)

Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.

Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On November 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 suffered a shoulder injury related to vaccine 

administration (“SIRVA”) following her October 6, 2015 influenza (“flu”) vaccination. 

Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of 

Special Masters.

On April 13, 2017, a ruling on entitlement was issued, finding petitioner entitled to 

compensation for SIRVA. On July 10, 2017, 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 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 $60,000.00 in the form of a check payable to 

petitioner, Rachel Koenig. 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

 THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

RACHEL KOENIG, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 16-1496V 

 Chief Special Master Nora Beth Dorsey 

 ECF 

 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

On April 11, 2017, respondent filed his Rule 4(c) Report, in which he recommended that 

the Court find petitioner entitled to compensation, and on April 13, 2017, the Court entered its 

Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers 

that petitioner receive an award of a lump sum of $60,000.00 in the form of a check payable to 

petitioner. This amount represents compensation for all elements of compensation under 42 

U.S.C. § 300aa-15(a) to which petitioner is entitled. 1 

 Petitioner agrees with the proffered award of $60,000.00. 2

Respectfully submitted, 

CHAD A. READLER 

 Acting Assistant Attorney General 

 

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 pain and suffering, and future lost wages. 

2

 This proffer does not include any award for attorneys’ fees and costs that may be awarded 

pursuant to 42 U.S.C. § 300aa-15(e). 
2

C. SALVATORE D’ALESSIO 

 Acting Director 

 Torts Branch, Civil Division 

 CATHARINE E. REEVES 

 Deputy Director 

 Torts Branch, Civil Division 

 

 HEATHER L. PEARLMAN 

Assistant Director 

 Torts Branch, Civil Division 

 s/ RYAN D. PYLES 

RYAN D. PYLES 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-9847 

Dated: July 10, 2017