In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-1375V 

Filed: September 14, 2016

UNPUBLISHED

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

DIANNE GAIL STROBEL, * 

 * 

 Petitioner, * Damages Decision Based on Proffer;

v. * Influenza (“Flu”) Vaccination; 

 * Shoulder Injury Related to Vaccine

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

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

 * 

 Respondent. * 

 * 

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

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On November 13, 2015, 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”) as a result of her November 19, 2014 influenza (“flu”) 

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

Office of Special Masters.

On January 29, 2016, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for SIRVA. On September 12, 2016, respondent filed a proffer 

on award of compensation (“Proffer”) indicating that petitioner should be awarded

compensation of $8,250.00 representing past and future unreimbursable expenses, and 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

$184,750.00 representing actual and projected pain and suffering. 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.

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

petitioner a lump sum payment of $193,000.00 which represents compensation 

for past and future unreimbursable expenses ($8,250.00), and actual and 

projected pain and suffering ($184,750.00), in the form of a check payable to 

petitioner, Dianne Gail Strobel. 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

DIANNE GAIL STROBEL,

Petitioner, 

 v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 15-1375V

 Chief Special Master Dorsey

 ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On January 28, 2016, respondent filed a Rule 4(c) Report conceding that petitioner was 

entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration 

(“SIRVA”) injury. 

A. Unreimbursable Expenses

Evidence supplied by petitioner documents her expenditure of past unreimbursable 

expenses related to her SIRVA injury. Additionally, based upon the evidence of record, 

petitioner will require future care for her SIRVA injury. Respondent proffers that petitioner 

should be awarded $8,250.00 for her past and future unreimbursable expenses. Petitioner agrees. 

B. Pain and Suffering

Respondent proffers that petitioner should be awarded $184,750.00 in actual and 

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

has been reduced to net present value. See 42 U.S.C. 300-15(a)(4). Petitioner agrees.
2

II. Form of the Award

Respondent recommends that the compensation provided to petitioner 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 following:1

A. A lump sum payment of $193,000.00 in the form of a check payable to petitioner, 

Dianne Gail Strobel. This amount accounts for all elements of compensation under 

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

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

Respectfully submitted, 

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Acting Deputy Director

Torts Branch, Civil Division

ALTHEA W. DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Adriana Teitel

ADRIANA TEITEL

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, DC 20044-0146

Tel: (202) 616-3677

Dated: September 12, 2016

 1 Should petitioner die prior to entry of judgment, respondent reserves the right to move the Court for appropriate 

relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and 

future lost wages.