In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1583V 

 Filed: September 5, 2017 

UNPUBLISHED 

BETSY GRAHAM, 

 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) 

 

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. 

Kathryn Ann Robinette, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On November 29, 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”) that was caused in fact by an influenza (“flu”) vaccination. 

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

Special Masters. 

On June 21, 2017, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for a SIRVA. On August 31, 2017, respondent filed a proffer on award 

of compensation (“Proffer”) indicating petitioner should be awarded $75,000.00. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 $75,000.00 in the form of a check payable to 

petitioner, Betsy Graham. 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

BETSY GRAHAM,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 16-1583V

Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF COMPENSATION

On June 21, 2017, the Chief Special Master issued a Ruling on Entitlement finding that 

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

Administration (“SIRVA”).

I. Items of Compensation

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

$75,000.00, which 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

Petitioner is a competent adult. Respondent recommends that the compensation provided 

to petitioner should be made through a lump sum payment of $75,000.00, 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/ Kathryn A. Robinette 

KATHRYN A. ROBINETTE

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) 616-3661

Fax: (202) 616-4310

DATED: August 31, 2017