In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-255V 

Filed: August 26, 2016

UNPUBLISHED

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

CHERYL BOURGERIE, * 

 * 

 Petitioner, * Damages Decision Based on Proffer;

v. * Influenza (“Flu”) Vaccination; Shoulder

 * Injury Related to Vaccine Administration

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

AND HUMAN SERVICES, * (“SPU”)

 * 

 Respondent. * 

 * 

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

Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.

Kelly Heidrich, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On February 23, 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 her September 23, 2014 influenza (“flu”) 

vaccination caused her to suffer Shoulder Injury Related to Vaccine Administration 

(“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the 

Office of Special Masters.

On August 26, 2016, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for SIRVA. On August 25, 2016, respondent filed a Rule 4(c) Report 

which included a proffer on award of compensation (“Proffer”) indicating that petitioner 

should be awarded $35,151.00. Respondent’s Report and Proffer on Damages at 3. In 

the Proffer, respondent represented that petitioner agrees with the proffered award. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 Proffer, the undersigned awards petitioner 

a lump sum payment of $35,151.00 in the form of a check payable to petitioner, 

Cheryl Bourgerie. 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.