In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-1086V

Filed: March 25, 2015

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

MARILYN WITBRODT, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza or Flu Vaccine; 

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration; SIRVA; Special 

AND HUMAN SERVICES, * Processing Unit

*

Respondent. *

*

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

Alison Haskins, Esq., Maglio Christopher and Toale, PA, Sarasota, FL for petitioner.

Linda Renzi, Esq., U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master:

On November 7, 2014, Marilyn Witbrodt 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 alleges that she suffered a shoulder injury

caused by the influenza vaccination she received on September 30, 2013.

3 The case 

was assigned to the Special Processing Unit of the Office of Special Masters.

On March 19, 2015, I issued a ruling on entitlement, finding petitioner entitled to 

compensation for her shoulder injury related to vaccine administration [“SIRVA”]. On 

March 25, 2015, respondent filed a proffer on award of compensation [“Proffer”]

indicating petitioner should be awarded $115,000.00 representing “all elements of 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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 Petition at 1, 3. Although the petition is titled “’On-Table’ Petition for Compensation,” petition alleges her 

injuries are causally related to her vaccination. 
2

compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.” 

Proffer at 1. Respondent avers that petitioner is a competent adult, proof of 

guardianship is not required, and petitioner agrees to this proposed amount. Id.

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

sum payment of $115,000.00 in the form of a check payable to petitioner, Marilyn 

Witbrodt. 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.
N THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

 

MARILYN WITBRODT, ) 

 ) 

 Petitioner, ) No. 14-1086V 

 ) Chief Special Master 

 v. ) Denise K. Vowell 

) ECF 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

 ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items: 

Respondent proffers that, based on the evidence of record, petitioner should be 

awarded $115,000.00. This amount represents all elements of compensation to which 

petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); §15(a)(3)(A); and 

§15(a)(4). Petitioner agrees. 

II. Form of the Award: 

The parties recommend that the compensation provided to Marilyn Witbrodt 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:1

A lump sum payment of $115,000.00, in the form of a check payable to petitioner, 

Marilyn Witbrodt. This amount accounts for all elements of compensation under 

42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. 

Petitioner is a competent adult. Evidence of guardianship is not required in this case. 

 

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 pain and suffering, and future lost wages. 

Case 1:14-vv-01086-UNJ Document 19 Filed 03/25/15 Page 1 of 2
 Respectfully submitted, 

BENJAMIN C. MIZER 

 Acting Assistant Attorney General 

RUPA BHATTACHARYYA 

 Director 

 Torts Branch, Civil Division 

 VINCENT J. MATANOSKI 

 Deputy Director 

 Torts Branch, Civil Division 

 

 LYNN E. RICCIARDELLA 

 Senior Trial Attorney 

 Torts Branch, Civil Division 

 s/ Linda S. Renzi 

 LINDA S. RENZI 

 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) 616-4133 

DATED: March 25, 2015

 

Case 1:14-vv-01086-UNJ Document 19 Filed 03/25/15 Page 2 of 2