In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-246V 

 Filed: October 27, 2017 

UNPUBLISHED 

AMY BOOTH, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA) 

 

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

petitioner. 

Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On February 21, 2017, 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 September 27, 2015 influenza (“flu”) 

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

Office of Special Masters. 

On August 2, 2017, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for SIRVA. On October 27, 2017, respondent filed a proffer on award 

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

representing $15,000.00 representing petitioner’s past and future lost earnings, 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

$125,000.00 representing petitioner’s past and future pain and suffering, and 

$10,000.00 representing past and future unreimbursable expenses. Proffer at 1. In 

the Proffer, respondent represents that petitioner agrees with the proffered award and 

that petitioner represents that there are no outstanding Medicaid liens related to her 

vaccine-related injury. 

 

 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 $150,000.00 which represents compensation 

for past and future lost earnings ($15,000.00), past and future pain and suffering 

($125,000.00), and past and future expenses ($10,000.00) in the form of a check 

payable to petitioner, Amy Booth. 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

__________________________________________ 

 ) 

AMY BOOTH, ) 

 ) 

 Petitioner, ) 

 ) No. 17-246V (ECF)

 v. ) Chief Special Master Dorsey 

 ) 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

__________________________________________) 

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On August 2, 2017, respondent, the Secretary of Health and Human Services, filed his 

Rule 4(c) Report conceding entitlement to compensation in this matter, and on the same day the 

Court entered its Ruling on Entitlement, finding petitioner Amy Booth entitled to Vaccine Act 

compensation for a Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent 

now proffers that petitioner receive a compensation award consisting of the following: 

A. Lost Earnings 

 Based on evidence provided by petitioner, respondent proffers that the appropriate award 

for petitioner’s past and future lost earnings is $15,000.00, which accounts for all appropriate 

taxes and offsets. Petitioner agrees.

 B. Pain and Suffering 

 Based on evidence of record, respondent proffers that the appropriate award for 

petitioner’s past and future pain and suffering is $125,000.00. See 42 U.S.C. § 300aa-15(a)(4). 

Petitioner agrees.
2 

C. Past and Future Unreimbursable Expenses 

 Based on evidence provided by petitioner, respondent proffers that petitioner should be 

awarded compensation for past and future unreimbursable expenses in the amount of $10,000.00. 

Petitioner agrees.

 D. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens related to her vaccinerelated injury. 

Based on the foregoing, respondent now proffers that petitioner receive an award of a 

lump sum of $150,000.00 in the form of a check payable to petitioner, Amy Booth.

1

 This 

amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa15(a) to which petitioner is entitled.2

Petitioner agrees with the proffered award of $150,000.00.3

Respectfully submitted,

 CHAD A. READLER

Acting Assistant Attorney General

 C. SALVATORE D’ALESSIO

Acting Director

 Torts Branch, Civil Division 

 CATHARINE E. REEVES

Deputy Director

 Torts Branch, Civil Division 

 

1

 Petitioner is a competent adult. No guardianship is required. 

2

 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. 

3

 This proffer does not include any award for attorneys’ fees and costs that may be awarded 

pursuant to 42 U.S.C. § 300aa-15(e). 
3 

 ALEXIS B. BABCOCK

Assistant Director

 Torts Branch, Civil Division 

s/Voris E. Johnson, Jr. 

VORIS E. JOHNSON, JR.

Senior Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Ben Franklin Station 

Washington, D.C. 20044-0146 

 Direct dial: (202) 616-4136 

Dated: October 27, 2017