In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1386V 

Filed: June 7, 2017 

Unpublished 

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

ANDREW SANDERS, * 

 * 

 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. * 

 * 

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

Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. 

Ann D. Martin, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On October 24, 2016, Andrew Sanders (“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 sustained a shoulder 

injury related to vaccine administration (“SIRVA”) from an influenza (“flu”) vaccination he 

received on January 12, 2016. Petition at 1. The case was assigned to the Special 

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

On March 6, 2017, the undersigned issued a ruling on entitlement finding 

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

(“SIRVA”). On June 7, 2017, respondent filed a proffer on award of compensation 

(“Proffer”) indicating petitioner should be awarded $111,932.85. Proffer at 1. In the 

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

 

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 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 attached Proffer, the undersigned awards 

petitioner a lump sum payment of $111,932.85 in the form of a check payable to 

petitioner, Andrew Sanders. 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

____________________________________

 )

ANDREW SANDERS, )

)

Petitioner, )

) No. 16-1386V

v. ) Chief Special Master Dorsey 

) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. )

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 

I. Items of Compensation

For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s 

Rule 4(c) Report, filed on March 6, 2017, conceding entitlement in this case. Based upon the 

evidence of record, respondent proffers that petitioner should be awarded $111,932.85, which 

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

§ 300aa-15(a) for his vaccine-related injury.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 $111,932.85 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, 

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/ Ann D. Martin 

ANN D. MARTIN

Senior 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) 307-1815

DATED: June 7, 2017