In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-1254V 

Filed: November 15, 2016

Unpublished

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

STACEY SPOSSEY, * 

 * 

 Petitioner, * 

 * Damages Decision Based on Proffer;

v. * Influenza (“flu”) Vaccine; Shoulder Injury

 * Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit

AND HUMAN SERVICES, * (“SPU”)

 * 

 Respondent. * 

 * 

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

Michael G. McLaren, Black McLaren, et al., PC, Memphis, TN, for petitioner.

Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On October 26, 2015, Stacey Spossey, (“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”). Petitioner alleged that she 

received an influenza (“flu”) vaccine on October 17, 2014, and subsequently suffered an 

injury to her left shoulder as a result. The case was assigned to the Special Processing 

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

On January 15, 2016, the undersigned issued a ruling on entitlement, finding 

petitioner entitled to compensation for a shoulder injury related to vaccine administration 

(“SIRVA”). On November 14, 2016, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $215,000.00. Proffer 

at 2. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 $215,000.00 in the form of a check payable to 

petitioner, Stacey Spossey. 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.
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

STACEY SPOSSEY, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 15-1254V 

 Chief Special Master Dorsey

 ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 26, 2015, Stacey Spossey (“petitioner”) filed a petition for compensation 

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -

34 (“Vaccine Act” or “Act”), as amended. On January 15, 2016, respondent filed a Rule 4(c) 

Report conceding that petitioner is entitled to compensation, as petitioner’s alleged left shoulder 

injury is consistent with shoulder injury related to vaccine administration (“SIRVA”), no other 

cause for petitioner’s condition has been identified, and petitioner has met the statutory 

requirements by suffering the residual effects of her condition for more than six months. In light 

of respondent’s concession, on January 15, 2016, the special master found petitioner entitled to 

compensation.1

 

 

1

 At the time the Rule 4(c) Report was filed, petitioner was still rehabilitating from surgery on her left 

shoulder. See Rule 4(c) Report at 3-4. Thereafter, on April 12, 2016, petitioner underwent a second 

shoulder surgery. Pet. Ex. 25 at 15. She suffered serious complications, including venous thrombosis 

and two acute pulmonary embolisms, for which she now requires lifelong anti-coagulant therapy. Pet. 

Ex. 25 at 11-13; Pet. Ex. 26 at 22. Petitioner had a significant history of menorrhagia that had been

managed well with hormone therapy. Said therapy had to be discontinued, however, due to these 

clotting issues. See generally Pet. Ex. 7, 29, 30. As a result, petitioner’s abnormal menses became 

insufferably heavy, causing her gynecologist to recommend a hysterectomy, which she underwent in 

June 2016. See generally Pet. Ex. 27. While this fact pattern is unique, DICP believes that these events 

are complications of petitioner’s SIRVA.
2 

I. Items of Compensation 

 Based upon the evidence of record, respondent proffers that petitioner should be 

awarded $215,000.00, which 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 of $215,000.00 in the form of a check payable to petitioner.2

 

Petitioner agrees. 

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

 

 Respectfully submitted,

 

 BENJAMIN C. MIZER

 Principal Deputy Assistant Attorney General 

 

 C. SALVATORE D’ALESSIO 

Acting Director

 Torts Branch, Civil Division 

 

 CATHARINE E. REEVES

Acting Deputy Director 

 Torts Branch, Civil Division 

 

 MICHAEL P. MILMOE

Senior Trial Counsel 

 Torts Branch, Civil Division 

 s/ Jennifer L. Reynaud 

JENNIFER L. REYNAUD

Trial Attorney

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

 

2 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, 

future pain and suffering, and future lost wages. 
3 

Benjamin Franklin Station

Washington, D.C. 20044-0146 

Tel: (202) 305-1586 

Date: November 14, 2016