In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-977V

Filed: May 13, 2015

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

JENNIFER PEABODY BARR, *

*

Petitioner, * Damages Decision Based on Proffer;

* Trivalent Influenza or Flu Vaccine;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration (“SIRVA”);

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

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

Sean Lyons, Esq., Nashville, TN, for petitioner.

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

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master:

On October 14, 2014, Jennifer Peabody Barr filed a petition for compensation 

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

seq., [the “Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder 

injury which was caused by the trivalent influenza vaccination she received on 

December 19, 2013. Petition at 1. The case was assigned to the Special Processing 

Unit of the Office of Special Masters.

On February 4, 2015, I issued a ruling on entitlement, finding petitioner entitled to 

compensation. On May 13, 2015, respondent filed a proffer on award of compensation 

[“Proffer”] indicating petitioner should be awarded “a lump sum of $65,000.00 for her 

actual and projected pain and suffering.” Proffer at 2. According to respondent’s 

Proffer, petitioner agrees to this proposed amount. Id.

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

sum payment of $65,000.00 in the form of a check payable to petitioner, Jennifer 

Peabody Barr. This amount represents compensation for all damages that would be 

available under § 300aa-15(a).

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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

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

decision.2

s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

 

2 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

_________________________________________

) 

JENNIFER PEABODY BARR, )

 ) 

Petitioner, ) 

) No. 14-977V 

v. ) Chief Special Master Vowell

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT'S PROFFER ON DAMAGES

Respondent submits the following recommendations regarding items of compensation to 

be awarded to petitioner under the Vaccine Act. 

I. Items of Compensation

A. Future Medical Care Expenses

Respondent proffers that based on the evidence of record, Jennifer Peabody Barr

(“petitioner”) is not entitled to an award for future medical care expenses as provided under 42 

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

B. Lost Earnings

Respondent proffers that based upon the evidence of record, petitioner has not and is not 

likely to suffer a loss of earnings as a result of her vaccine-related injury as provided under 42 

U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

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C. Pain and Suffering

Respondent proffers that the Court should award petitioner a lump sum of $65,000.00 for 

her 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

Respondent proffers that based upon the evidence of record, petitioner did not incur any 

past unreimbursable expenses related to her vaccine-related injury. Petitioner agrees.

E. Attorneys’ Fees and Costs

This proffer does not address final attorneys’ fees and costs. Petitioner is entitled to 

reasonable attorneys’ fees and costs, to be determined at a later date upon petitioner filing 

substantiating documentation. 

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 following: a lump sum payment of $65,000.00 

(representing compensation for actual and projected pain and suffering), in the form of a check 

payable to petitioner. 1

III. Summary of Recommended Payment Following Judgment

Lump Sum paid to petitioner: $65,000.00

1

 Should Jennifer Peabody Barr die prior to entry of judgment, respondent would oppose any 

award for future medical expenses, future lost earnings, and future pain and suffering, and the 

parties reserve the right to move the Court for appropriate relief.

2

 

Case 1:14-vv-00977-UNJ Document 24 Filed 05/13/15 Page 2 of 3
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

HEATHER L. PEARLMAN

Senior Trial Attorney

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

Benjamin Franklin Station

Washington, D.C. 20044-0146

Tel.: (202) 616-4138

Dated: May 13, 2015

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