In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-315V

Filed: June 28, 2016

UNPUBLISHED

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

DON KNOBBE, *

*

Petitioner, * Damages Decision Based 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 DAMAGES1

Dorsey, Chief Special Master:

On March 10, 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 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 proffer on award 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 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $130,000.00 in the form of a check payable to 

petitioner, Don Knobbe. 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

____________________________________

)

DON KNOBBE, )

)

Petitioner, ) No. 16-315V

) 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 Special Master issued a Ruling on Entitlement determining 

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

Administration (“SIRVA”). Respondent 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 recommends that the compensation provided to petitioner should be made 

through a lump sum payment as described below, and requests that the Chief Special Master’s 

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

A. A lump sum payment of $130,000.00 in the form of a check payable to petitioner, Don 

Knobbe. This amount accounts for all elements of compensation under 42 U.S.C. 

§ 300aa-15(a) to which petitioner would be entitled.

 1 Should petitioner die prior to entry of judgment, respondent reserves the right to move the 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.

Respectfully 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