In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-1050V 

Filed: May 12, 2017

UNPUBLISHED

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

KELSEY HANSTEAD, * 

 * 

 Petitioner, * Damages Decision Based on Proffer;

v. * Influenza; 

 * Shoulder Injury; SIRVA; 

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner.

Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On August 24, 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 she suffered a shoulder injury 

related to vaccine administration (“SIRVA”) as a result of her September 29, 2015 

influenza vaccination. Amended Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

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

entitled to compensation for SIRVA. On May 12, 2017, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $156,063.00. 

Proffer at 1. In the Proffer, respondent represented that petitioner agrees with 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $156,063.00 in the form of a check payable to 

petitioner, Kelsey Hanstead. 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

____________________________________ 

 ) 

KELSEY HANSTEAD, ) 

 ) 

 Petitioner, ) 

 ) No. 16-1050V 

 v. ) Chief Special Master Dorsey 

 ) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 

I. Items of Compensation 

For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s 

Rule 4(c) Report, filed on December 5, 2016, conceding entitlement in this case. Based upon the 

evidence of record, respondent proffers that petitioner should be awarded $156,063.00, which 

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

§ 300aa-15(a) for her vaccine-related injury.

1

 Petitioner agrees. 

II. Form of the Award 

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

through a lump sum payment of $156,063.00 in the form of a check payable to petitioner. 

Petitioner agrees. 

Respectfully submitted, 

CHAD A. READLER

Acting Assistant Attorney General

 

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 

C. SALVATORE D’ALESSIO 

 Acting Director

 Torts Branch, Civil Division 

 CATHARINE E. REEVES 

Deputy Director

 Torts Branch, Civil Division 

 

 LINDA S. RENZI 

Senior Trial Counsel 

 Torts Branch, Civil Division 

 

 s/ Ann D. Martin 

 ANN D. MARTIN 

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) 307-1815 

DATED: May 12, 2017