In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 15-1264V 

Filed: May 20, 2016 

UNPUBLISHED 

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

LINDA K. SCHUPP, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

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

 * Injury Related to Vaccine Administration 

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

AND HUMAN SERVICES, * (“SPU”) 

 * 

 Respondent. * 

 * 

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

Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for petitioner. 

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

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On October 27, 2015, Linda K. Schupp (“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 pain in her 

left shoulder secondary to an influenza (“flu”) vaccine she received on September 17, 

2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office 

of Special Masters. 

On February 22, 2016, a ruling on entitlement was issued, finding petitioner 

entitled to compensation. On May 20, 2016, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $111,515.80. Proffer 

at 2. In the Proffer, respondent represented that petitioner agrees with the proffered 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $111,515.80, representing compensation for 

pain and suffering ($110,000.00), and past unreimbursable expenses ($1,515.80), 

in the form of a check payable to petitioner, Linda K. Schupp. 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.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS

_________________________________________

) 

LINDA K. SCHUPP, )

 ) 

Petitioner, ) 

) No. 15-1264V 

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Future Medical Care Expenses

Respondent proffers that based on the evidence of record, petitioner is not entitled to an 

award for projected unreimbursable medical care expenses incurred from the date of judgment as 

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

B. Lost Earnings

Respondent proffers that based on the evidence of record, petitioner is not entitled to an 

award for lost earnings as provided under 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

C. Pain and Suffering

Respondent proffers that the Court should award Linda K. Schupp a lump sum of 

$110,000.00 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 42 U.S.C. § 300aa15(a)(4). Petitioner agrees.
2

D. Past Unreimbursable Expenses

Evidence supplied by petitioner documents Linda K. Schupp’s expenditure of past 

unreimbursable expenses as a result of her vaccine-related injury. Respondent proffers that the 

Court should award Linda K. Schupp a lump sum of $1,515.80 for past unreimbursable expenses 

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

E. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens related to her vaccinerelated injury.

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 following1

: a lump sum payment of $111,515.80,

representing compensation for pain and suffering ($110,000.00), and past unreimbursable 

expenses ($1,515.80), in the form of a check payable to petitioner, Linda K. Schupp.

III. Summary of Recommended Payment Following Judgment

Lump sum payable to petitioner: $111,515.80

 Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

 

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 pain and 

suffering.
3

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 20, 2016