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In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-455V

Filed: August 26, 2014

Not for Publication

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

ERIN MENSER, *

* 

 Petitioner, * 

* Damages decision based on proffer;

v. * influenza (flu) vaccine; shoulder

* injury related to vaccine

SECRETARY OF HEALTH * administration (SIRVA)

AND HUMAN SERVICES, *

 * 

Respondent. *

*

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

Maximillian J. Muller, Philadelphia, PA, for petitioner.

Alexis B. Babcock, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On May 27, 2014, petitioner filed a petition under the National Childhood Vaccine Injury 

Act, 42 U.S.C. §§ 300aa-10–34 (2006), alleging that she suffered a left shoulder injury as a result 

of the influenza (“flu”) vaccination she received on August 30, 2013. On August 22, 2014, 

respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury 

related to vaccine administration (“SIRVA”) and recommending compensation.

 

1 Because this decision contains a reasoned explanation for the special master's action in this case, the

special master intends to post this decision on the United States Court of Federal Claims's website, in 

accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the 

public unless they contain trade secrets or commercial or financial information that is privileged and 

confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted 

invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact

such information prior to the document=s disclosure. If the special master, upon review, agrees that the 

identified material fits within the banned categories listed above, the special master shall redact such 

material from public access.
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On August 26, 2014, respondent filed Respondent’s Proffer on Award of Compensation. 

The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole, 

the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to 

the terms stated in the attached proffer, the court awards a lump sum payment of $80,000.00, 

representing all elements of compensation to which petitioner would be entitled under 42 U.S.C.

§ 300aa-15(a). The award shall be in the form of a check for $80,000.00 made payable to 

petitioner.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: August 26, 2014 /s/ Laura D. Millman 

 Laura D. Millman

 Special Master

 

2

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________

)

ERIN MENSER, )

)

Petitioner, )

) No. 14-455

v. ) Special Master Millman

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER OF DAMAGES

I. Items of Compensation

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

$80,000.00, which represents all elements of compensation to which petitioner would be entitled

under 42 U.S.C. § 300aa-15(a).1

 Petitioner agrees with this amount.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment of $80,000.00 in the form of a check payable to petitioner.

Respectfully submitted,

STUART F. DELERY

Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

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 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 lost earnings, and future pain and suffering.

1

 
VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

ALTHEA W. DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Alexis B. Babcock

ALEXIS B. BABCOCK

Senior 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) 616-7678

Dated: August 26, 2014

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