In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-663V

Filed: April 10, 2019

UNPUBLISHED

KRISTINA LINK,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner.

Ashley Monique Simpson, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On May 10, 2018, 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 a shoulder injury related to vaccine 

administration (“SIRVA”) following receipt of her September 19, 2016 influenza (“flu”) 

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

Office of Special Masters.

On March 15, 2019, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for SIRVA. On April 10, 2019, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $69,197.97, 

 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is required 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).

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

representing $65,000.00 in compensation for pain and suffering and $4,197.97 in 

compensation for past out of pocket medical expenses. Proffer at 1. In the Proffer, 

respondent represented that petitioner agrees with the proffered award. Id. 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 $69,197.97, representing $65,000.00 in 

compensation for pain and suffering and $4,197.97 in compensation for past out 

of pocket medical expenses in the form of a check payable to petitioner, Kristina 

Link. This amount represents compensation for all damages that would be available 

under § 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

KRISTINA LINK,

Petitioner, 

 v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 18-663V

 Chief Special Master Dorsey

 ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On March 14, 2019, respondent conceded that entitlement to compensation was 

appropriate under the terms of the Vaccine Act. Thereafter, on March 15, 2019, Chief Special 

Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine 

compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based 

upon the evidence of record, respondent proffers that petitioner should be awarded $69,197.97. 

The award is comprised of the following: $65,000.00 for pain and suffering; and $4,197.97 for 

past out of pocket medical expenses. This amount represents all elements of compensation to 

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

II. Form of the Award

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

a lump sum payment of $69,197.97, in the form of a check payable to petitioner. Petitioner 

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

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director 

Torts Branch, Civil Division

S/ ASHLEY SIMPSON

Ashley Simpson

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) 305-0253

Email: Ashley.M.Simpson@usdoj.gov

Dated: April 10, 2019