In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1028V 

 Filed: May 11, 2018 

UNPUBLISHED 

TURMAK DAVIS, 

 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. 

Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On August 19, 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 he suffered a shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza (“flu”) vaccination he received on 

November 3, 2015. Petition at 1. The case was assigned to the Special Processing 

Unit of the Office of Special Masters. 

On November 23, 2016, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for a SIRVA. On May 4, 2018, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $87,661.57 

comprising $82,500.00 for past and future pain and suffering, and $5,161.57 for past 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

out-of-pocket medical expenses. Proffer at 1. In the Proffer, respondent represented 

that petitioner agrees with the 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 $87,661.57 in the form of a check payable to 

petitioner, Turmak Davis. 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 

 ____________________________________ 

 ) 

TURMAK DAVIS, ) 

 ) 

 Petitioner, ) 

 ) No. 16-1028V 

v. ) Chief Special Master Dorsey 

 ) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

 ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation 

The Court issued a Ruling on Entitlement on November 23, 2016. Based upon the 

evidence of record, respondent proffers that petitioner should be awarded $82,500.00, which 

represents compensation for past and future pain and suffering. Respondent also proffers that 

petitioner should also be awarded $5,161.57, which represents compensation for past out-ofpocket medical expenses. These amounts represent 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 

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

Respondent recommends that petitioner be awarded a lump sum payment of $87,661.57, in the 

form of a check payable to petitioner. Petitioner agrees.

 

1

 Should petitioner die prior to the 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 

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 

 

 HEATHER L. PEARLMAN 

 Assistant Director 

 Torts Branch, Civil Division 

 /s/ DEBRA A. FILTEAU BEGLEY 

 DEBRA A. FILTEAU BEGLEY 

 Trial Attorney 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

 Phone: (202) 616-4181 

Dated: May 4, 2018