In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 15-0684V 

Filed: October 27, 2015 

Unpublished 

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

ROBERT NOLOP, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

 * Influenza (Flu) Vaccine; Shoulder Injury 

 * Related to Vaccine Administration 

SECRETARY OF HEALTH * (SIRVA); Special Processing Unit 

AND HUMAN SERVICES, * (SPU) 

 * 

 Respondent. * 

 * 

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

Mark Paul Schloegel, Popham Law Firm, Kansas City, MO, for petitioner.

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On June 30, 2015, 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 he suffered a shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza vaccine he received on October 24, 

2012. Petition at 1. The case was assigned to the Special Processing Unit of the 

Office of Special Masters. 

On September 28, 2015, the undersigned issued a ruling on entitlement, finding 

petitioner entitled to compensation. On October 26, 2015, respondent filed a proffer on 

award of compensation [“Proffer”] stating that petitioner should be awarded $86,885.92. 

Proffer at 3. In the Proffer, respondent represents 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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, 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, 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:

a lump sum payment of $86,885.92, in the form of a check payable to 

petitioner, Robert Nolop, representing compensation for pain and suffering 

($85,000.00), and past unreimbursable expenses ($1,885.92). This amount 

represents compensation for all damages that would be available under § 300aa15(a). 

The clerk of the court is directed to enter judgment in accordance with this 

decision.3 

 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

____________________________________

)

ROBERT NOLOP )

)

Petitioner, )

) No. 15-684V

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On June 30, 2015, Robert Nolop (“petitioner”) filed a petition for compensation under the 

Vaccine Act. Petitioner alleges that he received an influenza vaccine in his left arm on October 

24, 2012, and subsequently suffered from a shoulder injury related to vaccine administration 

(“SIRVA”) secondary to the vaccination. Petition at 1. The Secretary of Health and Human 

Services (“respondent”) filed a Vaccine Rule 4(c) report, conceding that petitioner suffered

SIRVA, and recommending that the Court award petitioner compensation. On September 28, 

2015, the Chief Special Master issued an Entitlement Decision and a Damages Order. 

Respondent hereby submits the following proffer regarding the award of compensation.

I. Items of Compensation

A. Future Medical Care Expenses

Respondent proffers that based on the evidence of record, petitioner is not entitled to an 

award for projected unreimbursable medical care expenses incurred from the date of judgment as 

provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
2

B. Lost Earnings

Respondent proffers that based on the evidence of record, petitioner is not entitled to an 

award for lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). 

Petitioner agrees.

C. Pain and Suffering

Respondent proffers that the Court should award Robert Nolop a lump sum of $85,000.00 

for his actual and projected pain and suffering. This amount reflects that the award for projected 

pain and suffering has been reduced to net present value. See § 300aa-15(a)(4). Petitioner 

agrees.

D. Past Unreimbursable Expenses

Evidence supplied by petitioner documents Robert Nolop’s expenditure of past 

unreimubursable expenses as a result of his vaccine-related injury. Respondent proffers that the 

Court should award Robert Nolop a lump sum of $1,885.92 for past unreimbursable expenses as 

provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.

E. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens related to his vaccinerelated injury.

II. Form of the Award

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

through a lump sum payment as described below and request that the Chief Special Master’s 

decision and the Court’s judgment award the following1: a lump sum payment of $86,885.92, 

 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 pain and suffering.
3

representing compensation for pain and suffering ($85,000.00), and past unreimbursable 

expenses ($1,885.92), in the form of a check payable to petitioner, Robert Nolop.

III. Summary of Recommended Payment Following Judgment

Lump sum payable to petitioner: $86,885.92

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Claudia B. Gangi

CLAUDIA B. GANGI

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, D.C. 20044-0146

Direct dial: (202) 616-4138

Date: October 26, 2015