IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

No. 14-238V

Filed: July 29, 2014 

(Not to be published) 

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

LINDA LEGGETT, * 

 * 

 Petitioner, * Conceded; Influenza Vaccine; 

 v. * Shoulder Injury related to vaccine 

 * administration [SIRVA]; Proffer 

SECRETARY OF HEALTH * on Damages 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

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

Maximillian Muller, Esq., Muller Brazil, LLP, Philadelphia, PA for petitioner. 

Linda Renzi, Esq., U.S. Dept. of Justice, Washington, DC for respondent. 

DECISION ON DAMAGES1

Gowen, Special Master: 

 On March 27, 2014, Linda Leggett [“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”]. The petition alleges that petitioner received the 

influenza vaccine on October 19, 2012, and thereafter suffered a shoulder injury which 

was caused-in-fact by the influenza vaccine. Petition at 1. On July 3, 2014, respondent 

filed her Rule 4(c) report [“Respondent’s Report”], in which she concedes that petitioner 

is entitled to compensation in this case. Respondent’s Report at 4. I issued a Ruling on 

Entitlement on July 10, 2014. 

 On July 28, 2014, respondent filed a proffer on award of compensation, which 

indicated that petitioner agreed to the compensation amount. Additionally, petitioner’s 

 

1

 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to 

post this ruling on the United States Court of Federal Claims' website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 

U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and 

move to delete medical or other information, the disclosure of which would constitute an unwarranted 

invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will 

delete 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 (2006). 
2 

counsel was contacted by my chambers on July 28, 2014, where he confirmed 

petitioner’s agreement with the proposed compensation amount contained within the 

filed Proffer. 

 

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump 

sum payment of $115,000.00 in the form of a check payable to petitioner, Linda 

Leggett. 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/Thomas L. Gowen 

 Thomas L. Gowen 

 Special Master 

 

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice 

renouncing the right to seek review.
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

 

LINDA LEGGETT, ) 

 ) 

 Petitioner, ) No. 14-238V 

 ) Special Master 

 v. ) Thomas L. Gowen 

) ECF 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

 ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items: 

Respondent proffers that, based on the evidence of record, petitioner should be 

awarded $115,000.00. This amount represents all elements of compensation to which 

petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); §15(a)(3)(B); and 

§15(a)(4). Petitioner agrees. 

II. Form of the Award: 

The parties recommend that the compensation provided to Linda Leggett should be 

made through a lump sum payment as described below, and request that the special 

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

A. A lump sum payment of $115,000.00 in the form of a check payable to petitioner, 

Linda Leggett. This amount accounts for all elements of compensation under 42 

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

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

 

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 and future pain and suffering. 
2 

 Respectfully submitted, 

STUART F. DELERY 

 Assistant Attorney General 

RUPA BHATTACHARYYA 

 Director 

 Torts Branch, Civil Division 

 VINCENT J. MATANOSKI 

 Deputy Director 

 Torts Branch, Civil Division 

 

 LYNN E. RICCIARDELLA 

 Senior Trial attorney 

 Torts Branch, Civil Division 

 s/ Linda S. Renzi 

 LINDA S. RENZI 

 Senior Trial Counsel 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

 Tel.: (202) 616-4356 

DATED: July 28, 2014