In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-544V 

Filed: May 1, 2018

UNPUBLISHED

NATASHA ITCHKAVICH, 

 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)

Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for 

petitioner.

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

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On April 18, 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 as a result of receiving an 

influenza (“flu”) vaccination on October 7, 2015. Petition at 1. The case was assigned 

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

On November 28, 2017, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for a shoulder injury related to vaccine administration 

(“SIRVA”). On May 1, 2018, respondent filed a proffer on award of compensation 

(“Proffer”) indicating petitioner should be awarded $85,991.00. Proffer at 1. In the 

Proffer, respondent represented that petitioner agrees with the proffered award. Based 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $85,991.00 in the form of a check payable to 

petitioner, Natasha Itchkavich. 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

____________________________________

 ) 

NATASHA ITCHKAVICH, ) 

 ) 

 Petitioner, ) 

 ) 

v. ) No. 17-544V 

 ) Chief Special Master Dorsey

 ) ECF

SECRETARY OF HEALTH AND ) SPU

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 18, 2017, petitioner, Natasha Itchkavich, filed a petition for compensation under 

the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”), 

alleging that she developed a shoulder injury as a result of receiving an influenza vaccination on 

October 7, 2015. On November 28, 2017, respondent filed a Rule 4(c) Report indicating that 

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

(“SIRVA”) as a result of her October 7, 2015, influenza vaccination. On November 28, 2017, 

Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner is entitled to 

compensation for her SIRVA. 

I. Items of Compensation

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

$85,991.00, which represents all elements of compensation to which petitioner is entitled under 

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

 

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. 
-2-

II. Form of the Award 

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

through a lump sum payment of $85,991.00 in the form of a check payable to petitioner. 

Petitioner agrees. 

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

ALEXIS B. BABCOCK

 Assistant Director

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 

Tel: (202) 307-6393 

DATE: May 1, 2018