In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-325V

(not to be published)

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SHARON LABOUNTY,

 Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

 Respondent.

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Filed: September 21, 2021

Entitlement; Decision by Proffer; 

Damages; Influenza (“Flu”) Vaccine; 

Chronic Regional Pain Syndrome 

(“CRPS”). 

Howard Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner

Christine Becer, U.S. Department of Justice, Washington, DC, for Respondent

DECISION AWARDING DAMAGES1

On March 9, 2017, Sharon LaBounty (“Petitioner”) filed a petition, seeking compensation 

under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF 

No. 1. Petitioner alleges that she developed chronic regional pain syndrome (“CRPS”) as a result 

of the influenza (“flu”) vaccination she received on September 18, 2015. See Am. Pet. 2 at 1, ECF 

No. 24. 

1 Because this Decision contains a reasoned explanation for my actions in this case, I will 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 (2012). This means the Decision will be available to anyone with access to the internet. 

As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion 

of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 

days within which to request redaction “of any information furnished by that party: (1) that is a trade secret 

or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files 

or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” 

Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id. 

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.

No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter 

“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the 

pertinent subparagraph of 42 U.S.C. § 300aa.
On December 28, 2020, I issued a Ruling on Entitlement finding that Petitioner was entitled 

to compensation because she had met her burden in showing that the flu vaccine she received on 

September 18, 2015 caused her to develop CRPS. ECF No. 57. 

The parties indicated they were having difficulty resolving damages. Accordingly, I 

referred this case to Special Master Dorsey for ADR on May 3, 2021. ECF No. 63. Special Master 

Dorsey removed this case from the ADR Process on September 2, 2021. ECF No. 67. 

Respondent subsequently filed a proffer on September 20, 2021 (ECF No. 68), agreeing to 

issue the following payment: 

A lump sum payment of $135,000.00 for actual pain and suffering, paid in the form of 

a check to Petitioner.

These amounts represent all elements of compensation for all damages that would be 

available under § 300aa-15(a). 

I adopt the parties’ proffer attached hereto, and award compensation in the amount and on 

the terms set forth therein. I, therefore, award compensation in the amount of a lump sum

payment of $135,000.00, in the form of a check payable to Petitioner, Sharon LaBounty. The 

Clerk of Court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED. 

s/ Katherine E. Oler

Katherine E. Oler

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice 

renouncing the right to seek review.
-1-

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ 

 ) 

SHARON LABOUNTY, ) 

) 

 Petitioner, ) 

 ) No. 17-325V 

 v. ) Special Master Oler 

 ) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

____________________________________) 

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

 In her Ruling on Entitlement issued on December 28, 2020, Special Master Oler found 

that a preponderance of the evidence supported petitioner’s claim that an influenza vaccine she 

received on September 18, 2015 caused her to suffer from Chronic Regional Pain Syndrome 

(“CRPS.”) See Ruling on Entitlement (Document 51.) Respondent now proffers the following 

regarding the amount of compensation to be awarded.1

I. Items of Compensation 

Respondent proffers that M.S.M. should be awarded $135,000.00 in actual pain and 

suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 

This amount represent all elements of compensation to which petitioner is entitled under 

42 U.S.C. § 300aa-15(a). Petitioner agrees.

 

1

 The parties have no objection to the amount of the proffered award of damages. However, 

respondent reserves his right, pursuant to 42 U.S.C. § 300aa-12(f), to seek review of the special 

master’s December 28, 2020 ruling on entitlement, finding petitioner entitled to an award under 

the Vaccine Act. This right accrues following issuance of the damages decision. 
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II. Form of the Award 

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

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

lump sum payment as described below and requests that the Special Master’s decision and the 

Court’s judgment award the following2: a lump sum payment of $135,000.00, in the form of a 

check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Sharon LaBounty: $135,000.00 

 

2

 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 lost earnings 

and future pain and suffering. 

 Respectfully submitted,

 BRIAN M. BOYNTON 

Acting Assistant Attorney General

 

 C. SALVATORE D’ALESSIO

 Acting Director

 Torts Branch, Civil Division 

 HEATHER L. PEARLMAN

Deputy Director

 Torts Branch, Civil Division 

 

 ALEXIS B. BABCOCK

 Assistant Director 

 Torts Branch, Civil Division 
-3-

/s/Christine M. Becer 

 CHRISTINE M. BECER 

Trial Attorney 

Torts Branch, Civil Division 

U. S. Department of Justice 

P.O. Box l46, Benjamin Franklin Station 

Washington, D.C. 20044-0146 

Direct dial: (202) 616-3665 

Christine.m.becer@usdoj.gov 

Dated: September 20, 2021