In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1247V 

Filed: August 7, 2017 

UNPUBLISHED 

SUSAN WIGLEY,

 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)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. 

Ilene Clair Albala, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On September 30, 2016, 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 an injury to her left shoulder as a 

result of an influenza (“flu”) vaccine administered on October 3, 2013. Petition at 1. 

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

On July 13, 2017, a ruling on entitlement was issued, finding petitioner entitled to 

compensation for a shoulder injury related to vaccine administration (“SIRVA”). On 

August 7, 2017, respondent filed a proffer on award of compensation (“Proffer”)

indicating petitioner should be awarded $70,000.00. Proffer at 1. In the Proffer, 

respondent represented that petitioner agrees with the proffered award. Based on the 

 

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 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $70,000.00 in the form of a check payable to 

petitioner, Susan Wigley. 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

 

) 

SUSAN WIGLEY, ) 

 ) 

 Petitioner, ) 

 ) No. 16-1247V 

v. ) Chief Special Master Dorsey

 ) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

) 

 Respondent. ) 

 ) 

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation 

On July 18, 2017, Chief Special Master Dorsey issued an Order finding that petitioner’s 

case was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine 

Administration (SIRVA). Based upon the evidence of record, respondent proffers that petitioner 

should be awarded $70,000.00, 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 $70,000.00, in the form of a check payable to petitioner. 

Petitioner agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this case. 

 
2 

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 

 

HEATHER L. PEARLMAN

 Assistant Director

 Torts Branch, Civil Division 

 

 s/ Ilene Albala 

ILENE ALBALA

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) 616-3655 

Dated: August 7, 2017 

 

 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.