# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 315 V

Filed: June 28, 2016

UNPUBLISHED

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

DON KNOBBE

, *

*

Petitioner, * Damages Decision B ased on Proffer;

v. * Influenza ;

* Shoulder Injury ( “ SIRVA ” ) ;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Mary Coffey, Coffey & Nichols, LLC, St. Louis, MO

, for petitioner.

Michael Milmoe , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On March 10, 2016

, p etitioner 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 a shoulder injury related to vaccine

administration (“SIRVA”) following receipt of an influenza vaccination on October 8,

2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office

of Special Masters.

On June 3, 2016

, a ruling on entitlement was issued , finding petitioner entitled to

compensation for SIRVA . On June 28, 2016 , respondent filed a p roffer on a ward of

compensation (“Proffer”) indicating petitioner should be awarded $ 130,000.00

. Proffer

at 1

. In the Proffer, respondent represented that petitioner agrees with the proffered

1 Because this unpublished decision contains a reasoned explanatio n for the action in this case, the

undersigned intend s 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 agree s that the ident ified 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 Va ccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 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 award s

petitioner a lump sum payment of $ 1 30,000.00 in the form of a check payable to

petitioner, D on Knobbe

. Th is amount represent s 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

____________________________________ )

DO N KNOBBE, )

)

Petitioner, ) No. 16

- 315 V

) Chief Special Master Dorsey

v. ) ECF

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On June 3 , 2016

, the Chief S pecial M aster issued a Ruling on Entitlement d etermining

that petitioner was entitled to vaccine compensat ion for his Shoulder Injury Related to Vaccine

Administration (“SIRVA”). R espondent proffers that, based on the evidence of record

,

petitioner should be awarded $ 130 ,000 .00 . This amount represents all elements of compensation

to which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

II. Form of the Award

Respondent recommend s that the compensation provided to petitioner should be made

through a lump sum payment as described be low, and request s that the Chief S pecial M aster’s

decision and the Court’s judgment award the following: 1

A. A lump sum payment of $ 130 ,00 0 .00 in the form of a check payable to petitioner, Don

Knobbe

. This amount accounts for all elements of compensation und er 42 U.S.C.

§ 300aa

- 15(a) to which petitioner would be entitled.

1 Should petitioner die prior to entry of judgment, respondent reserve s the right to move t he Court for appropriate

relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering , and

future lost wages

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

R espectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Acting Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Michael P. Milmoe

MICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Phone: (202) 616

- 4125

Dated: June 28 , 2016 Fax: (202) 616

- 4310