In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1029V 

Filed: April 25, 2017 

UNPUBLISHED 

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

DANIEL MCNEAL, * 

 * 

 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. * 

 * 

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

Leah V. Durant, Law Offices, Washington, DC, for petitioner. 

Robert P. Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On August 19, 2016, Daniel McNeal (“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 he suffered from a left 

shoulder injury as a result of receiving an influenza (“flu”) vaccine on November 3, 2015. 

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

Special Masters. 

On April 25, 2017, a ruling on entitlement was issued, finding petitioner entitled to 

compensation for SIRVA. On April 25, 2017, respondent filed a Rule 4(c) report and 

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

$154,338.14. Rule 4/Proffer at 4. In the Rule 4/Proffer, respondent represented that 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

petitioner agrees with the proffered award. Based on the record as a whole, the 

undersigned finds that petitioner is entitled to an award as stated in the Rule 4/Proffer. 

 Pursuant to the terms stated in the attached Rule 4/Proffer, the undersigned 

awards petitioner a lump sum payment of $154,338.14, in the form of a check 

payable to petitioner, Daniel McNeal. 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.