In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-0845V 

Filed: May 11, 2016

Unpublished

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

GLORIA KEYES, * 

 * 

 Petitioner, * Damages Decision Based on Proffer;

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

 * Injury Related to Vaccine 

SECRETARY OF HEALTH * Administration (“SIRVA”); Special

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

 * 

 Respondent. * 

 * 

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

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.

Ann D. Martin, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On August 7, 2015, Gloria Keyes (“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 alleged that as a result of receiving an influenza 

(“flu”) vaccine on November 24, 2014, she suffered tendonitis and disorders of bursae 

and tendons in her left shoulder. The case was assigned to the Special Processing Unit 

(“SPU”) of the Office of Special Masters. 

On April 8, 2016, a ruling on entitlement was issued, finding petitioner entitled to 

compensation for shoulder injury related to vaccine administration (“SIRVA”). On May 

10, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating 

petitioner should be awarded $80,800.00. Proffer at 1. In the Proffer, respondent 

represented that petitioner agrees with the proffered award. Based on the record as a 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $80,800.00 in the form of a check payable to 

petitioner, Gloria Keyes. 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

____________________________________

)

GLORIA KEYES, )

)

Petitioner, )

) No. 15-845V

v. ) Chief Special Master Dorsey 

) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. )

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded 

$80,800.00, which represents all elements of compensation to which petitioner would be entitled 

under 42 U.S.C. § 300aa-15(a).

1 Petitioner agrees. 

II. Form of the Award

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

through a lump sum payment of $80,800.00 in the form of a check payable to petitioner. 

Petitioner agrees. 

Respectfully submitted, 

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

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 pain and 

suffering. 
2

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Senior Trial Attorney

Torts Branch, Civil Division

s/ ANN D. MARTIN 

ANN D. MARTIN

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) 307-1815

DATED: May 10, 2016