In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1313V

Filed: July 25, 2019

UNPUBLISHED

SALLY JO DELPHA,

 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)

Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.

Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On September 22, 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 related to vaccine 

administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on 

October 3, 2016. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

On August 1, 2018, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for her SIRVA. On July 25, 2019, respondent filed a proffer on award 

of compensation (“Proffer”) indicating petitioner should be awarded $143,061.79.

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is required 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).

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

Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the 

proffered award. Id. 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 $143,061.79 (representing compensation in the 

amount of $130,000.00 for pain and suffering; $12,616.77 for lost wages; and 

$445.02 for out-of-pocket expenses) in the form of a check payable to petitioner, 

Sally Jo Delpha. 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 

 

 ) 

SALLY JO DELPHA, ) 

 ) 

 Petitioner, ) 

 ) No. 17-1313V (ECF)

v. ) Chief Special Master Dorsey 

 ) 

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

) 

 Respondent. ) 

 ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

I. Compensation for Vaccine Injury-Related Items 

On July 23, 2018, respondent filed his Rule 4(c) Report conceding entitlement in the 

above-captioned case. Chief Special Master Dorsey issued a Ruling on Entitlement on August 1, 

2018, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related 

to Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that 

petitioner should be awarded $143,061.79. This amount includes $130,000.00 for pain and 

suffering; $12,616.77 for lost wages; and $445.02 for out-of-pocket expenses, and it 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 be made through a 

lump sum payment of $143,061.79 in the form of a check payable to petitioner.1

 Petitioner agrees. 

 

1 Should petitioner die prior to the 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. 
2 

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

Respectfully submitted, 

 

 JOSEPH H. HUNT 

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/Amy P. Kokot 

 AMY P. KOKOT 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Ben Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-4118 

Dated: July 25, 2019