In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 14-892V 

Filed: February 9, 2015 

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

WILLIAM GABLE * 

 * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

 * Influenza Vaccine; Shoulder Injury 

v. * Related to Vaccine Administration 

 * (“SIRVA”); Special Processing Unit 

 * (“SPU”) 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

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

Maximillian J. Muller, Esq., Muller Brazil, LLP, for petitioner. 

Alexis B. Babcock, Esq., U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master: 

 On September 22, 2014, William Gable filed a petition for compensation under 

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,

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 (the 

“Vaccine Act” or “Program”). The petition alleges that as a result of an influenza (“flu”) 

vaccination on October 18, 2013, petitioner suffered a shoulder injury. Petition at 1. The 

case was assigned to the Special Processing Unit (“SPU”) of the Office of Special 

Masters. 

On February 4, 2015, I issued a ruling on entitlement, finding petitioner entitled to 

compensation. On February 9, 2015, respondent filed a proffer on award of 

compensation (“Proffer”) detailing compensation for all elements of compensation to 

 

1

 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post this decision on the United States Court of Federal Claims' website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with 

Vaccine Rule 18(b), petitioners have 14 days to identify and move to delete 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 delete 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). 
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which petitioner would be entitled under §15(a). According to respondent’s Proffer, 

petitioner agrees to the proposed award of compensation. 

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

sum payment of $80,000.00 in the form of a check payable to petitioner. 

This amount represents compensation for all damages that would be available 

under §15(a). 

The clerk of the court is directed to enter judgment in accordance with this 

decision.3 

IT IS SO ORDERED. 

 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

__________________________________________

)

WILLIAM GABLE, )

)

Petitioner, )

) No. 14-892

v. ) Chief Special Master Vowell

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER OF DAMAGES

I. Items of Compensation

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

$80,000.00, which represents all elements of compensation to which petitioner would be entitled

under 42 U.S.C. § 300aa-15(a).1

 Petitioner agrees with this amount.

II. Form of the Award

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

through a lump sum payment of $80,000.00 in the form of a check payable to petitioner.

Respectfully submitted,

JOYCE R. BRANDA

Acting Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

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.

1

 
VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

MICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Alexis B. Babcock

ALEXIS B. BABCOCK

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) 616-7678

Dated: February 9, 2015

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