In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-1064V 

Filed: December 22, 2016

Unpublished

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

KIM MANGET, * 

 * 

 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. * 

 * 

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

Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.

Mallori B. Openchowski, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On August 25, 2016, Kim Manget “(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 alleged that she sustained left shoulder injuries

from an influenza (“flu”) vaccination she received on October 6, 2015. The case was 

assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.

On December 1, 2016, the undersigned issued a ruling on entitlement finding 

petitioner entitled to compensation for a shoulder injury related to vaccine administration 

(“SIRVA”). On December 21, 2016, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $85,000.00. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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. Id. 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 $85,000.00 in the form of a check payable to 

petitioner, Kim Manget. 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

KIM MANGET, 

Petitioner,

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent. 

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No. 16-1064V 

Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation 

Based upon the evidence of record, respondent proffers that petitioner should be awarded 

$85,000.00, which represents all elements of compensation to which petitioner would be entitled 

under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $85,000.00, in the form of a check payable to petitioner. 

Petitioner agrees.

 

 Respectfully submitted, 

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General 

 

1

 Should petitioner die prior to the 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.
2 

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division 

CATHARINE E. REEVES

Acting Deputy Director 

Torts Branch, Civil Division 

LYNN E. RICCIARDELLA

Senior Trial Attorney 

Torts Branch, Civil Division 

/s/ Mallori B. Openchowski

MALLORI B. OPENCHOWSKI

Trial Attorney

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station

Washington, D.C. 20044-0146 

Phone: (202) 305-0660 

Dated: December 21, 2016 Fax: (202) 353-2988