In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-668V

Filed: January 12, 2015

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

AIMEE DEAK, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza Vaccine or Flu Vaccine;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration; SIRVA, 

AND HUMAN SERVICES, * Special Processing Unit

*

Respondent. *

*

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

Meredith Daniels (acting for Ronald Homer), Conway, Homer & Chin-Caplan, P.C.,

Boston, MA, for petitioner.

Lisa Watts, US Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master:

On July 29, 2014, Aimee Deak filed a petition for compensation under the 

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

2

[the 

“Vaccine Act” or “Program”]. Petitioner alleged that she suffered a shoulder injury which 

was caused in fact by the flu vaccination she received on October 13, 2012. Petition at

1. The case was assigned to the Special Processing Unit of the Office of Special 

Masters.

On October 24, 2014, I issued a ruling on entitlement, finding petitioner entitled to 

compensation. On January 12, 2015, respondent filed a proffer on award of 

compensation [“Proffer”] indicating petitioner should be awarded $166,542.49,

3

an 

 

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Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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 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 (2006).

3 On page 3 of the proffer, the total is listed as $166,542.59 instead of $166,542.49. Since all other 

amounts indicate 49 cents, it appears that total ($166,542.59) was mistakenly increased by 10 cents.
2

amount representing $6,000.00 in past unreimbursed expenses, $160,000.00 in pain 

and suffering, $542.49 in past unreimbursed expenses. Proffer at 2. According to 

respondent’s Proffer, petitioner agrees to each of these proposed amounts. Id. at 1-2. 

Respondent indicates petitioner is a competent adult and guardianship is not required in 

this case. Id. at 2.

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

sum payment of $166,542.49 in the form of a check payable to petitioner, Aimee 

Deak. 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.4

s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

 

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice 

renouncing the right to seek review.