In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-0151V 

Filed: November 7, 2016 

UNPUBLISHED 

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

KATHERINE R. HIME, * 

 * 

 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. * 

 * 

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

Daniel Henry Pfeifer, Pfeifer, Morgan & Stesiak, South Bend, IN, for petitioner. 

Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On February 2, 2016, Katherine R. Hime (“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 she suffered a shoulder 

injury related to vaccine administration (“SIRVA”) as a result of receiving an influenza 

(“flu”) vaccine on January 30, 2014. Petition at 1. The case was assigned to the 

Special Processing Unit of the Office of Special Masters. 

On May 4, 2016, a ruling on entitlement was issued, finding petitioner entitled to 

compensation. On November 7, 2016, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $77,665.11. Proffer at 

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

award. Based on 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 

the following: 

a) A lump sum payment of $2,665.11, which amount represents 

reimbursement of a State of Indiana Medicaid lien, in the form of a check 

payable jointly to petitioner, and 

HP Enterprise Services/TPL 

P.O. Box 7262 

Indianapolis, IN 46207-7262 

Re: Katherine R. Hime 49CO11502MI006151 

 Petitioner agrees to endorse this check to the appropriate State agency. 

b) A lump sum payment of $75,000, in the form of a check payable to 

petitioner, Katherine R. Hime. These 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

____________________________________

)

KATHERINE R. HIME, )

)

Petitioner, ) No. 16-151V

) Chief Special Master Dorsey

v. ) ECF

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On May 4, 2016, the Chief Special Master issued a Ruling on Entitlement finding that 

petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine 

Administration. Respondent proffers, based on the evidence of record, that petitioner should be 

awarded $77,665.11, including satisfaction of a State of Indiana Medicaid lien. This amount 

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 the following lump sum payments: 

a) a lump sum of $2,665.11, which amount represents reimbursement of a State of 

Indiana Medicaid lien, in the form of a check payable jointly to petitioner, and 

HP Enterprise Services/TPL

P.O. Box 7262

Indianapolis, IN 46207-7262

Re: Katherine R. Hime 49CO11502MI006151
Petitioner agrees to endorse this check to the appropriate State agency.

b) a lump sum payment of $75,000, in the form of a check payable to petitioner.1 

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

ALTHEA WALKER DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Michael P. Milmoe 

MICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Phone: (202) 616-4125

Dated: November 7, 2016 Fax: (202) 616-4310

 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 pain and suffering, and future lost wages.