In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-0312V 

Filed: September 20, 2016 

UNPUBLISHED 

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

KRISTIN DENBOW, * 

 * 

 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. * 

 * 

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

Jonathan C. Pleban, Pleban & Petruska Law, LLC, St. Louis, MO, for petitioner. 

Alice Tayman, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On March 10, 2016, Kristin Denbow (“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 received an influenza (“flu”) 

vaccine on October 8, 2014, and subsequently 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 July 26, 2016, a ruling on entitlement was issued, finding petitioner entitled to 

compensation. On September 20, 2016, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $152,000.00. Proffer 

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

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $152,000.00, in the form of a check payable to 

petitioner, Kristin Denbow. 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.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

KRISTIN DENBOW, )

)

Petitioner, ) No. 16-312V

) Chief Special Master Nora Beth Dorsey

v. )

) ECF 

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items:

On July 25, 2016, the Chief Special Master issued a Ruling on Entitlement finding that 

petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine 

Administration (“SIRVA”). Respondent proffers that based on the evidence of record, 

petitioner should be awarded $152,000.00. 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)(B); and §15(a)(4). Petitioner agrees.

II. Form of the Award:

The parties recommend that the compensation provided to Kristin Denbow should be 

made through a lump sum payment as described below, and request that the special 

master’s decision and the Court’s judgment award the following:1

A lump sum payment of $152,000.00 in the form of a check payable to petitioner,

Kristin Denbow. 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.

 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 and future pain and suffering.
2

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 

LINDA RENZI

Senior Trial Counsel

Torts Branch, Civil Division

/s/Alice Tayman

ALICE TAYMAN

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 19, 2016