In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-214V 

Filed: September 6, 2016 

UNPUBLISHED 

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

MARNI SHAPIN, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

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

 * Related to Vaccine Administration 

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

AND HUMAN SERVICES, * Unit (“SPU”) 

 * 

 Respondent. * 

 * 

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

Amber Diane Wilson, Maglio Christopher and Toale, Washington D.C., for petitioner. 

Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On February 12, 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 a shoulder injury related to vaccine 

administration (“SIRVA”) following receipt of an influenza (“flu”) vaccine on October 22, 

2014. Petition at 1-2. The case was assigned to the Special Processing Unit of the 

Office of Special Masters. 

On May 31, 2016, a ruling on entitlement was issued, finding petitioner entitled to 

compensation for a SIRVA. On September 6, 2016, respondent filed a proffer on award 

of compensation (“Proffer”) indicating petitioner should be awarded $120,000.00. 

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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 $120,000.00 in the form of a check payable to 

petitioner, Marni Shapin. 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

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

*

MARNI SHAPIN, *

*

Petitioner, *

*

v. * No. 16-214V (ECF)

* Chief Special Master

* NORA BETH DOESEY

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On May 31, 2016, the Chief Special Master found that a preponderance of the medical 

evidence indicates that petitioner suffered a left shoulder injury related to vaccine administration 

(“SIRVA”), which was causally related to the influenza (“flu”) vaccination she received on 

October 22, 2014. The parties now address the amount of compensation to be awarded in this 

case. 

I. Items of Compensation

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

$120,000.00, which represents all elements of compensation to which petitioner would be 

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

 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 and future pain and suffering. 
2

II. Form of the Award

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

through a lump sum payment of $120,000.00 in the form of a check payable to petitioner. 

Petitioner agrees. 

Respectfully submitted, 

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Acting Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Senior Trial Attorney

Torts Branch, Civil Division

 s/ GLENN A. MACLEOD

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, D.C. 20044-0146

Tel.: (202) 616-4122

DATE: September 6, 2016