In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-0003V

Filed: May 28, 2015

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

KIMBERLY DURGALA, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza or Flu Vaccine;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration (“SIRVA”);

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

*

Respondent. *

*

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

Michael McLaren, Esq. Black, McLaren, Jones, Ryland & Griffee, P.C., Memphis, TN,

for petitioner.

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

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master:

On January 5, 2015, Kimberly Durgala filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

[the 

“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury 

related to vaccine administration [“SIRVA”] which was caused by the trivalent influenza

vaccine she received on November 25, 2013. Petition at 1. The case was assigned to 

the Special Processing Unit of the Office of Special Masters.

On April 24, 2015, I issued a ruling on entitlement, finding petitioner entitled to 

compensation. On May 28, 2015, respondent filed a proffer on award of compensation 

[“Proffer”] indicating petitioner should be awarded $125,000.00. Proffer at 1. According 

to respondent’s Proffer, petitioner agrees to this proposed amount. Id.

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post it on the United States Court of Federal Claims' website, in accordance with the E-Government 

Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 

note (2006)). 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, I agree that the identified material fits within this definition, I 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 (2006).
2

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump 

sum payment of $125,000.00 in the form of a check payable to petitioner, 

Kimberly Durgala. 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

s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice 

renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________

)

KIMBERLY DURGALA, )

)

Petitioner, )

) No. 15-3V

v. ) Chief Special Master Vowell 

) 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 

$125,000.00, 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 $125,000.00 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 medical 

expenses, future lost earnings, and future pain and suffering. 

Case 1:15-vv-00003-UNJ Document 18 Filed 05/28/15 Page 1 of 2
2

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

MICHAEL P. MILMOE

Senior Trial Counsel

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 28, 2015 

Case 1:15-vv-00003-UNJ Document 18 Filed 05/28/15 Page 2 of 2