In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-795V

Filed: June 24, 2015

Unpublished

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

LINDA HEEG, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza or Flu Vaccine; 

* Shoulder Injury Related to 

SECRETARY OF HEALTH * Vaccine Administration [“SIRVA”]; 

AND HUMAN SERVICES, * Special Processing Unit [“SPU”]

*

Respondent. *

*

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

Maximillian Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.

Camille Collett, Esq., U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master:

On August 29, 2014, Linda Heeg filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

[the 

“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury which 

was caused by the influenza vaccine she received on September 23, 2013. Petition at

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

Masters.

On May 14, 2015, I issued a ruling on entitlement, finding petitioner entitled to 

compensation for her shoulder injury related to vaccine administration [“SIRVA”]. On 

June 23, 2015, respondent filed a proffer on award of compensation [“Proffer”]

indicating petitioner should be awarded $130,000.00 which “represents all elements of 

compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).” 

Proffer at 1. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post it on the United States Court of Federal Claims' website, in accordance with the E-Government 

Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 

note (2006)). 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, I agree that the identified material fits within this definition, I 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 (2006).
2

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump 

sum payment of $130,000.00 in the form of a check payable to petitioner, Linda

Heeg. 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

s/Denise K. Vowell

Denise K. Vowell

Chief 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

LINDA HEEG,

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 14-795V

 Chief Special Master Denise Vowell

 ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On May 14, 2015, respondent filed her Rule 4(c) Report, in which she conceded 

entitlement. On May 14, 2015, the Court issued a Ruling on Entitlement, finding that petitioner 

is entitled to compensation. Respondent now proffers that petitioner receive an award of a lump 

sum of $130,000.00 in the form of a check payable to petitioner. This amount represents 

compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which 

petitioner is entitled.1 This proffer does not address final attorneys’ fees and litigation costs. 

Petitioner is additionally entitled to reasonable attorneys’ fees and litigation costs, to be 

determined at a later date upon petitioner submitting substantiating documentation. 

Petitioner agrees with the proffered award of $130,000.00.

Respectfully submitted, 

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

 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.

Case 1:14-vv-00795-UNJ Document 34 Filed 06/23/15 Page 1 of 2
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RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

LINDA S. RENZI

Senior Trial Counsel

Torts Branch, Civil Division

s/Camille M. Collett

CAMILLE M. COLLETT

Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Telephone: (202) 616-4098

Dated: June 23, 2015

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