In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 15-1002V 

Filed: October 13, 2016 

UNPUBLISHED 

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

DONIZETTI GONCALVES, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

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

 * Injury Related to Vaccine Administration 

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit 

AND HUMAN SERVICES, * (“SPU”) 

 * 

 Respondent. * 

 * 

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

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. 

Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On September 10, 2015, Donizetti Goncalves (“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 he suffered from a 

shoulder injury as a result of an influenza (“flu”) vaccine he received on January 20, 

2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office 

of Special Masters. 

On February 3, 2016, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for SIRVA. On October 13, 2016, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $141,357.13. 

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

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $141,357.13 in the form of a check payable to 

petitioner, Donizetti Goncalves. 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

DONIZETTI GONCALVES, )

)

Petitioner, )

)

v. ) No. 15-1002V

) Chief Special Master Nora Beth Dorsey

SECRETARY OF )

HEALTH AND HUMAN SERVICES, )

)

Respondent. )

 )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded 

$141,357.13. This amount represents all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a)(1); -15(a)(3)(A); and -15(a)(4). Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made as a 

lump sum payment of $141,357.13, in the form of a check payable to petitioner.1 Petitioner is a 

competent adult. Evidence of guardianship is not required in this case. This amount accounts 

for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be 

entitled.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

 1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future 

medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the 

right to move the Court for appropriate relief.
2

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Acting Deputy Director

Torts Branch, Civil Division

LINDA S. RENZI

Senior Trial Counsel

Torts Branch, Civil Division

s/ LARA A. ENGLUND

LARA A. ENGLUND

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) 307-3013

E-mail: lara.a.englund@usdoj.gov

Dated: October 13, 2016