In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1333V 

Filed: January 8, 2018 

UNPUBLISHED 

JULIE R. KORB,

 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)

Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for petitioner. 

Colleen C. Hartley, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On October 13, 2016, Julie R. Korb (“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” or “Program”). Petitioner alleged that she suffered “injuries, 

including rotator cuff tendinopathy, impingement syndrome and a partial tear, that were 

caused by the Trivalent Influenza vaccination that she received on Wednesday, 

September 18, 2013.” Petition at 1; accord. Petition at ¶¶ 2, 12. The case was 

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

On May 3, 2017, a ruling on entitlement was issued, finding petitioner entitled to 

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

January 8, 2018, respondent filed a proffer on award of compensation (“Proffer”)

indicating petitioner should be awarded $110,634.83, representing $630.00 for past 

 

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 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

unnreimburseable medical expenses, $7,504.83 for past lost wages, and $102,500.00 

for pain and suffering. Proffer at 1. In the Proffer, respondent represented that 

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 Proffer. 

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

petitioner a lump sum payment of $110,634.83, representing $630.00 for past 

unnreimburseable medical expenses, $7,504.83 for past lost wages, and 

$102,500.00 for pain and suffering, in the form of a check payable to petitioner, 

Julie R. Korb. 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.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JULIE KORB,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

)

)

)

)

)

)

)

)

)

)

)

)

No. 16-1333V

Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 13, 2016, Julie Korb (“petitioner”) filed a petition for vaccine injury 

compensation alleging that she suffered a right shoulder injury related to vaccine administration 

(“SIRVA”), which was caused-in-fact by an influenza (“flu”) vaccination administered on 

October 13, 2013. Respondent filed his Rule 4(c) Report conceding entitlement to compensation 

on May 3, 2017. The Chief Special Master issued a Ruling on Entitlement on May 3, 2017.

I. Items of Compensation

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

$110,634.83, consisting of past unreimbursed medical expenses ($630.00), past lost earnings

($7,504.83), and pain and suffering ($102,500.00), which represents all elements of 

compensation to which petitioner would be 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 $110,634.83 in the form of a check payable to petitioner.2 

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/ Colleen C. Hartley

COLLEEN C. HARTLEY

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) 616-3644

Fax: (202) 353-2988

DATED: January 8, 2018

 2

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