In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-991V 

Filed: March 3, 2017 

UNPUBLISHED 

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

DENISE PROCIDA, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

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

 * Related to Vaccine Administration 

SECRETARY OF HEALTH * (“SIRVA”); 

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

 * 

 Respondent. * 

 * 

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

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

Althea Davis, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On August 12, 2016, 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 following an influenza (“flu”) vaccine she received 

on October 9, 2015, she suffered a shoulder injury related to vaccine administration 

(“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the 

Office of Special Masters. 

On January 4, 2017, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for a SIRVA. On March 3, 2017, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $81,391.21. Proffer at 

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

award. Based on the record as a whole, the undersigned finds that petitioner is entitled 

to an award as stated in the Proffer. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

 Pursuant to the terms stated in the attached Proffer, the undersigned awards 

petitioner a lump sum payment of $81,391.21 in the form of a check payable to 

petitioner, Denise Procida. 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

DENISE PROCIDA, )

)

Petitioner, ) No. 16-991V

) Chief Special Master 

v. ) Nora Beth Dorsey

) ECF 

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

$81,391.21, 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

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

Respondent recommends that the compensation provided to petitioner should be made through a 

lump sum payment of $81,391.21, in the form of a check payable to petitioner. Petitioner agrees.

Respectfully submitted,

CHAD A. READLER

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

 1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering.
CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

GLENN A. MACLEOD 

Senior Trial Counsel

Torts Branch, Civil Division

 s/Althea Walker Davis 

ALTHEA WALKER DAVIS

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) 616-0515

DATED: 3 March 2017