In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 14-1150V 

Filed: June 11, 2015 

Unpublished 

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

BARBARA BUDGAKE, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

 * Influenza Vaccine (“Flu”); Shoulder 

 * Injury Related to Vaccine Administration 

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

AND HUMAN SERVICES, * (“SPU”) 

 * 

 Respondent. * 

 * 

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

Lawrence Disparti, Disparti Law Group, PA, Holiday, FL, for petitioner. 

Justine Walters, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master: 

 On November 25, 2014, Barbara Budgake 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 left shoulder injury as 

a result of an influenza [“flu”] vaccination on January 11, 2013. Petition at 1-3. The case 

was assigned to the Special Processing Unit of the Office of Special Masters. 

On April 9, 2015, I issued a ruling on entitlement, finding petitioner entitled to 

compensation for a shoulder injury related to vaccine administration [“SIRVA”]. On 

June 10, 2015, respondent filed a proffer on award of compensation [“Proffer”] detailing 

compensation in the amount of $920.85 for past lost earnings, $100,000.00 for actual 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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

and projected pain and suffering, and $1,537.85 for past un-reimbursable expenses for 

a total of $102,458.70. Proffer at 1-3. 

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

sum payment of $102, 458.70 in the form of a check payable to petitioner, Barbara 

Budgake. 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

)

BARBARA BUDGAKE, )

)

Petitioner, )

) No. 14-1150V

v. ) Chief Special Master Vowell

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

For the purposes of this proffer, the term “vaccine-related” is as described in 

Respondent’s Rule 4(c) Report filed on April 7, 2015. 

A. Future Unreimbursable Expenses

The parties agree that based upon the evidence of record, petitioner will not require future 

care for her vaccine-related injury. Therefore, respondent proffers that petitioner should be 

awarded no future unreimbursable expenses under 42 U.S.C. § 300aa-15(a)(1). 

Petitioner agrees.

B. Lost Earnings

The parties agree that based upon the evidence of record, petitioner has suffered a past 

loss of earnings of $920.85. She will, however, continue to be gainfully employed in the future. 

Therefore, respondent proffers that petitioner should be awarded actual lost earnings, but not

anticipated loss of earnings, as provided under 42 U.S.C. § 300aa-15(a)(3)(A). Respondent 

proffers that the appropriate award for petitioner’s lost earnings is $920.85. Petitioner agrees.
-2-

C. Pain and Suffering

Respondent proffers that petitioner should be awarded $100,000.00 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. § 300aa-15(a)(4). Petitioner 

agrees.

D. Past Unreimbursable Expenses

Evidence supplied by petitioner documents her expenditure of past unreimbursable

expenses related to her vaccine-related injury. Respondent proffers that petitioner should be 

awarded past unreimbursable expenses in the amount of $1,537.85. Petitioner agrees.

E. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens against her.

II. Form of the Award

The parties recommend that compensation provided to petitioner should be made through 

lump sum payments as described below and request that the Chief Special Master’s decision and 

the Court’s judgment award the following:1

A. A lump sum payment of $920.85, representing compensation for actual lost earnings, 

in the form of a check payable to petitioner;

B. A lump sum payment of $100,000.00, representing compensation for pain and 

suffering, in the form of a check payable to petitioner; and

C. A lump sum payment of $1,537.85, representing compensation for past

unreimbursable expenses, in the form of a check payable to petitioner.
-3-

III. Summary of Recommended Payments Following Judgment

A. Lump sum paid to petitioner: $102,458.70

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Tort Branch, Civil Division

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

s/ Justine Walters

JUSTINE WALTERS

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Dated: June 10, 2015 Telephone: (202) 307-6393

 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.