In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-576V 

 Filed: March 30, 2018 

UNPUBLISHED 

LAURA SHANAHAN, 

 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. 

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On April 28, 2017, 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 that she suffered from a left shoulder injury related to 

vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received 

on September 14, 2016. Petition at 1. The case was assigned to the Special Processing 

Unit of the Office of Special Masters. 

On March 19, 2018, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for SIRVA. On March 30, 2018, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $47,500.00. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 $47,500.00 in the form of a check payable to 

petitioner, Laura Shanahan. 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.
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

LAURA SHANAHAN, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 17-576V 

 Chief Special Master Dorsey

 ECF 

PROFFER ON AWARD OF DAMAGES

On April 28, 2017, Laura Shanahan (“petitioner”) filed a petition for compensation 

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -

34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to 

compensation in his Rule 4(c) Report filed on March 19, 2018. Based on Respondent’s Rule 

4(c) Report the Chief Special Master found petitioner entitled to compensation. 

I. Items of Compensation 

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

$47,500.00, which represents all elements of compensation to which petitioner would be entitled 

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

II. Form of the Award 

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $47,500.00, in the form of a check made payable to petitioner. 1

 

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 

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

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 

 ALEXIS B. BABCOCK

 Assistant Director 

 Torts Branch, Civil Division 

 s/Jennifer L. Reynaud 

JENNIFER L. REYNAUD

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) 305-1586 

Date: March 30, 2018