In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-1574V 

Filed: October 11, 2017

UNPUBLISHED

DONALD D. DIX, 

 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); Adhesive 

Capsulitis

Milton C. Ragsdale, IV, Ragsdale, LLC, Birmingham, AL, for petitioner.

Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On November 28, 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 alleged that he suffered a shoulder injury related to 

vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on 

September 29, 2015. Petition at 1-3. The case was assigned to the Special Processing 

Unit (“SPU”) of the Office of Special Masters.

On May 17, 2017, the undersigned issued a ruling on entitlement, finding 

petitioner entitled to compensation for adhesive capsulitis. On October 11, 2017, 

respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner 

should be awarded $123,732.00, which amount is comprised of: a) $110,000.00 for pain 

and suffering; b) $10,678.00 for future expenses; and c) $3,054.00 for past expenses. 

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

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $123,732.00 in the form of a check payable to 

petitioner, Donald D. Dix. 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

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

 * 

DONALD D. DIX, * 

 * 

 Petitioner, * 

 * 

v. * No. 16-1574V (ECF)

 * CHIEF SPECIAL MASTER

 * NORA BETH DORSEY

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 

In her May 17, 2017 decision, the Chief Special Master found that a preponderance of the 

medical evidence indicates that petitioner suffered a shoulder injury related to vaccine 

administration (“SIRVA”), which was causally related to the flu vaccination he received on 

September 29, 2015. The parties have now addressed the amount of compensation to be 

awarded in this case. 

I. Compensation 

Based upon the evidence of record, respondent proffers that a lump sum of $123,732.00 

should be awarded petitioner. This amount is comprised of: a) $110,000.00 for pain and 

suffering; b) $10,678.00 in future expenses; and c) $3,054.00 for past expenses. This lump sum 

amount 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, respondent would oppose any award for future 

medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the 

right to move the Court for appropriate relief. 
2 

II. Form of the Award 

 The parties recommend that the compensation provided should be made in the form of a 

check for $123,732.00 payable to petitioner. 

 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/ DOUGLAS ROSS

DOUGLAS ROSS

Trial Attorney 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146, Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

 Tel.: (202) 616-3667 

DATE: October 11, 2017