In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-654V 

Filed: December 7, 2016

UNPUBLISHED

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

LISA PICKER, * 

 * 

 Petitioner, * Damages Decision Based on Proffer;

v. * Influenza; 

 * Shoulder Injury; SIRVA; 

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Mary Coffey, Coffey & Nichols, LLC, St. Louis, MO, for petitioner.

Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On June 2, 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 she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) following receipt of her October 8, 2014 influenza vaccination. 

Petition at 1. The case was assigned to the Special Processing Unit of the Office of 

Special Masters.

On October 31, 2016, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for SIRVA. On December 7, 2016, respondent filed a proffer 

on award of compensation (“Proffer”) indicating petitioner should be awarded 

$130,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

with the proffered award. 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 $130,000.00 in the form of a check payable to 

petitioner, Lisa Picker. 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

 

LISA PICKER, ) 

 ) 

 Petitioner, ) No. 16-654V 

 ) Chief Special Master 

 v. ) Nora Beth Dorsey 

) ECF 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

 ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

 On October 31, 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 (“SIRVA”). Respondent proffers that based on the evidence of 

record, petitioner should be awarded $130,000.00. This amount represents all elements 

of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); 

15(a)(3)(A); and 15(a)(4). Petitioner agrees.

II. Form of the Award

 The parties recommend that the compensation provided to petitioner should be 

made through a lump sum payment as described below, and request that the Chief Special 

Master’s decision and the Court’s judgment award the following:1

 

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. 
A lump sum payment of $130,000.00, in the form of a check payable to 

petitioner, Lisa Picker. This amount accounts for all elements of 

compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be 

entitled.

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 

 

 VORIS E. JOHNSON

Senior Trial Attorney 

 Torts Branch, Civil Division 

 s/Linda S. Renzi 

 LINDA S. RENZI

Senior Trial Counsel 

Torts Branch, Civil Division 

U.S. Department of Justice 

Ben Franklin Station, P.O. Box 146 

Washington, D.C. 20044-0146 

Tel.: (202) 616-4133 

DATE: December 7, 2016