In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-481V

Filed: August 6, 2019

UNPUBLISHED

JOANNE GURNEY,

 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)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On April 4, 2017, 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 October 1, 2015 influenza (“flu”) 

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

Office of Special Masters.

On March 19, 2019, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for shoulder injury. On July 25, 2019, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $55,339.06,

 

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 Because this unpublished decision contains a reasoned explanation for the 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 compensation for pain and suffering ($55,000.00), and past 

unreimbursable expenses ($339.06). Proffer at 1-2. 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 $55,339.06 (representing compensation for pain 

and suffering ($55,000.00), and past unreimbursable expenses ($339.06)) in the 

form of a check payable to petitioner, Joanne Gurney. 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 

JOANNE GURNEY, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

Respondent. 

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No. 17-481V 

Chief Special Master Dorsey 

ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1

 On April 4, 2017, Joanne Gurney (“petitioner”) filed a petition for compensation under 

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” 

or “Act”), alleging that she suffered a shoulder injury related to vaccine administration 

(“SIRVA”) as a result of an influenza (“flu”) vaccine administered to her on October 1, 2015. 

On March 19, 2019, the Special Master issued a Ruling on Entitlement finding petitioner entitled 

to compensation. 

I. Items of Compensation 

A. Pain and Suffering 

Respondent proffers that Joanne Gurney should be awarded $55,000.00 in actual and 

projected pain and suffering. This amount reflects that the award for projected pain and 

 

1

 The parties have no objection to the amount of the proffered award of damages. 

Assuming the special master issues a damages decision in conformity with this proffer, the 

parties waive their right to seek review of such damages decision. However, respondent reserves 

his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Special Master’s March 19, 

2019, entitlement decision. 
2 

suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner 

agrees. 

B. Unreimbursable Expenses 

Evidence supplied by petitioner documents Joanne Gurney’s unreimbursable expenses as 

a result of her vaccine injury. Respondent proffers that petitioner should be awarded 

unreimbursable expenses in the amount of $339.06, as provided under the Vaccine Act, 42 

U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. 

II. Form of the Award 

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

Respondent recommends that the compensation provided to Joanne Gurney should be made 

through a lump sum payment as described below and requests that the Special Master’s decision 

and the Court’s judgment award the following2

: a lump sum payment of $55,339.06, 

representing compensation for pain and suffering ($55,000.00), and past unreimbursable 

expenses ($339.06), in the form of a check payable to petitioner, Joanne Gurney. 

III. Summary of Recommended Payments Following Judgment 

Lump sum payable to petitioner, Joanne Gurney: $55,339.06 

Respectfully submitted, 

JOSEPH H. HUNT 

Assistant Attorney General 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

 

2

 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 lost 

earnings and future pain and suffering. 
3 

CATHARINE E. REEVES 

Deputy Director 

Torts Branch, Civil Division 

GABRIELLE M. FIELDING 

Assistant Director 

Torts Branch, Civil Division 

 

/s/ Julia M. Collison 

JULIA M. COLLISON 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Ben Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 305-0102 

Dated: July 25, 2019