In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-0976V 

Filed: May 17, 2017

Unpublished

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

MARY GERMANO, * 

 * 

 Petitioner, * Damages Decision Based on Proffer;

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

 * Injury Related to Vaccine Administration

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

AND HUMAN SERVICES, * (“SPU”)

 * 

 Respondent. * 

 * 

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

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

Colleen C. Hartley, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On August 10, 2016, Mary Germano (“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 alleged that she sustained left

shoulder injuries from an influenza (“flu”) vaccination she received on December 13, 

2015. The case was assigned to the Special Processing Unit (“SPU”) of the Office of 

Special Masters.

On December 7, 2016, the undersigned issued a ruling on entitlement, finding 

petitioner entitled to compensation for a shoulder injury related to vaccine administration 

(“SIRVA”). On May 17, 2017, respondent filed a proffer on award of compensation 

(“Proffer”) indicating petitioner should be awarded $85,740.00. Proffer at 1. In the 

Proffer, respondent represented that petitioner agrees with the proffered award. Id. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $85,740.00 in the form of a check payable to 

petitioner, Mary Germano. 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

MARY GERMANO, 

Petitioner,

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent. 

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No. 16-976V 

Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF COMPENSATION 

I. Items of Compensation 

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

$85,740.00, which represents all elements of compensation to which petitioner would be entitled 

under 42 U.S.C. § 300aa-15(a).1

 Petitioner agrees. 

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $85,740.00, in the form of a check payable to petitioner. Petitioner 

agrees.

 Respectfully submitted, 

CHAD A. READLER

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division 

 

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 

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division 

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division 

/s/ Colleen C. Hartley 

COLLEEN C. HARTLEY

Trial Attorney

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station

Washington, D.C. 20044-0146 

Phone: (202) 616-3644 

Fax: (202) 353-2988 

DATED: May 17, 2017