In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-809V 

 Filed: August 23, 2018 

UNPUBLISHED 

TERESA FOWLER, 

 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) 

 

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. 

Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On June 15, 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 she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) following an influenza (“flu”) vaccine administered on October 

20, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the 

Office of Special Masters. 

On January 30, 2018, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for a SIRVA. On August 22, 2018, respondent filed a proffer 

on award of compensation (“Proffer”) indicating petitioner should be awarded 

$131,556.79 comprised of $127,500.00 for pain and suffering, and $4,056.79 for past 

unreimbursed expenses. Proffer at 1-2. In the Proffer, respondent represented that 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

petitioner agrees with the 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 $131,556.79 in the form of a check payable to 

petitioner, Teresa Fowler. 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 

____________________________________ 

 ) 

TERESA FOWLER, ) 

 ) 

 Petitioner, ) 

 ) 

v. ) No. 17-809V 

 ) Chief Special Master Dorsey 

 ) ECF 

SECRETARY OF HEALTH AND ) SPU 

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 On June 15, 2017, petitioner, Teresa Fowler, filed a petition for compensation under the 

National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”), alleging 

that she developed a shoulder injury related to vaccine administration (“SIRVA”) as a result of 

receiving an influenza (“flu”) vaccine on October 20, 2014. On January 28, 2018, respondent 

filed a Rule 4(c) Report indicating that petitioner is entitled to compensation for SIRVA. For the 

purposes of this proffer, the term “vaccine-related” is as described in Respondent’s Rule 4(c) 

Report. On January 30, 2018, Chief Special Master Dorsey issued a Ruling on Entitlement 

finding that petitioner is entitled to compensation for SIRVA. 

I. Items of Compensation 

A. Pain and Suffering 

Respondent proffers that petitioner should be awarded $127,500.00 in 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 42 U.S.C. § 300aa-15(a)(4). 

Petitioner agrees. 
-2- 

B. Past Unreimbursable Expenses 

Evidence supplied by petitioner documents her expenditure of past unreimbursable 

expenses related to her SIRVA. Respondent proffers that petitioner should be awarded past 

unreimbursable expenses in the amount of $4,056.79. Petitioner agrees. 

C. Medicaid Lien 

 Petitioner represents that there are no outstanding Medicaid liens against her. 

II. Form of the Award 

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

through a lump sum payment of $131,556.79 in the form of a check payable to petitioner.1 This 

represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa15(a). Petitioner agrees. 

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 

HEATHER L. PEARLMAN 

Assistant Director 

Torts Branch, Civil Division 

 

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, future lost earnings, and future pain and suffering. 
-3- 

 s/ Justine Walters__________ 

JUSTINE WALTERS 

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) 307-6393 

DATE: August 22, 2018