In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-232V 

Filed: September 9, 2016

UNPUBLISHED

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

MELISSA WAGNER, * 

 * 

 Petitioner, * Damages Decision Based on Proffer;

v. * Influenza (“Flu”) Vaccination; Shoulder

 * Injury Related to Vaccine Administration 

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit 

AND HUMAN SERVICES, * (“SPU”)

 * 

 Respondent. * 

 * 

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

Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for petitioner.

Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On February 17, 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 left shoulder synovitis and adhesive 

capsulitis that was caused-in-fact by her October 16, 2014 influenza (“flu”) vaccination. 

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

Special Masters.

On August 8, 2016, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On 

September 8, 2016, respondent filed a proffer on award of compensation (“Proffer”)

indicating petitioner should be awarded $122,500.00. Proffer at 1. In the Proffer, 

respondent represented that petitioner agrees with the proffered award. Based on the

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $122,500.00 in the form of a check payable to 

petitioner, Melissa Wagner. 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

____________________________________ 

 ) 

MELISSA WAGNER, ) 

 ) 

 Petitioner, ) 

 ) 

v. ) No. 16-232V 

 ) Chief Special Master Dorsey

 ) ECF

SECRETARY OF HEALTH AND ) SPU

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On February 17, 2016, petitioner, Melissa Wagner, filed a petition for compensation 

under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”), 

alleging that she developed a left shoulder injury as a result of receiving an influenza vaccination

on October 16, 2014. On August 5, 2016, respondent filed her Rule 4(c) Report stating that 

petitioner’s left shoulder injury is consistent with a shoulder injury related to vaccine 

administration (“SIRVA”) and conceding that her SIRVA is compensable under the Vaccine 

Act. Accordingly, on August 8, 2016, Chief Special Master Dorsey issued a Ruling on 

Entitlement finding that petitioner is entitled to compensation for her SIRVA. 

I. Items of Compensation 

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

$122,500.00, which represents all elements of compensation to which petitioner is entitled under 

42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 

 

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 lost earnings, and future pain and suffering. 
-2-

II. Form of the Award 

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

through a lump sum payment of $122,500.00 in the form of a check payable to petitioner. 

Petitioner agrees. 

Respectfully submitted,

BENJAMIN C. MIZER

 Principal Deputy Assistant Attorney General

 

 C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

 CATHARINE E. REEVES

Acting Deputy Director

Torts Branch, Civil Division

ANN D. MARTIN

 Senior Trial Attorney 

Torts Branch, Civil Division 

s/ Justine Walters__________ 

JUSTINE WALTERS 

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) 307-6393 

DATE: September 8, 2016