In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-965V

Filed: April 30, 2019

UNPUBLISHED

KAREN QUINN,

 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)

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.

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

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On July 5, 2018, 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 left Shoulder Injury Related to Vaccine 

Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on 

October 6, 2017. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

On April 22, 2019, a ruling on entitlement was issued, finding petitioner entitled to 

compensation for her shoulder injury. On April 29, 2019, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $115,000.00.

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

proffered award. Id. Based on the record as a whole, the undersigned finds that 

petitioner is entitled to an award as stated in the Proffer.

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is required 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).

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
2

Pursuant to the terms stated in the attached Proffer, the undersigned awards

petitioner a lump sum payment of $115,000.00 in the form of a check payable to 

petitioner, Karen Quinn. This amount represents compensation for all damages that 

would be available under § 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

__________________________________________

)

KAREN QUINN, )

)

Petitioner, )

) No. 18-965V (ECF)

v. ) Chief Special Master Dorsey 

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On April 16, 2019, respondent, the Secretary of Health and Human Services, filed his 

Rule 4(c) Report conceding entitlement to compensation in this matter. On April 22, 2019, the 

Court entered its Ruling on Entitlement, finding petitioner Karen Quinn entitled to Vaccine Act 

compensation. Respondent now proffers that petitioner receive a compensation award consisting 

of a lump sum of $115,000.00 in the form of a check payable to petitioner, Karen Quinn.

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 $115,000.00.

3

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

 

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). 
2

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

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: April 29, 2019