In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 15-278V 

Filed: July 9, 2015 

Unpublished 

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

JANICE SCHROEDER, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

 * Influenza (“Flu”) Vaccine; 

 * Shoulder Injury Related to Vaccine 

SECRETARY OF HEALTH * Administration (“SIRVA”); Special 

AND HUMAN SERVICES, * Processing Unit (“SPU”) 

 Respondent. * 

 * 

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

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

Christine Becer, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master: 

 On March 18, 2015, Janice Schroeder 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 as a result of an influenza [“flu”] 

vaccination on November 12, 2013, petitioner suffered a shoulder injury. Petition at 1. 

The case was assigned to the Special Processing Unit of the Office of Special Masters. 

On June 30, 2015, I issued a ruling on entitlement, finding petitioner entitled to 

compensation for a shoulder injury related to vaccine administration [“SIRVA”]. On July 

7, 2015, respondent filed a proffer on award of compensation [“Proffer”] indicating that 

petitioner should be awarded compensation in the amount of $55,000.00 for pain and 

suffering and $2,380.00 for unreimbursed medical expenses. Proffer at 1. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post it on the United States Court of Federal Claims' website, in accordance with the E-Government 

Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 

note (2012)). 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, I agree that the identified material fits within this definition, I 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 (2006). 
2

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

sum payment of $57,380.00 in the form of a check payable to petitioner, Janice 

Schroeder. 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 

 s/Denise K. Vowell 

 Denise K. Vowell 

 Chief 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________

)

JANICE SCHROEDER, )

)

Petitioner, )

) No. 15-278V

v. ) Chief Special Master Vowell

) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. )

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

$55,000.00 for pain and suffering and $2,380.00 for unreimbursed medical expenses, which 

represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 

300aa-15(a).1

 Petitioner agrees. 

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made 

through a lump sum payment of $57,380.00 in the form of a check payable to petitioner. 

Petitioner agrees. 

 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, future lost earnings, and future pain and suffering. 
2

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

LINDA RENZI

Senior Trial Counsel

Torts Branch, Civil Division 

 s/Christine Mary Becer

CHRISTINE MARY BECER

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) 616-3665

Date: July 7, 2015