In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 15-759V 

Filed: July 1, 2016 

UNPUBLISHED 

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

SANDRA G. PRICE, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

v. * Tetanus-Diphtheria-acellular-Pertussis 

 * (“Tdap”) Vaccination; Influenza (“Flu”) 

SECRETARY OF HEALTH * Vaccination; Shoulder Injury Related to 

AND HUMAN SERVICES, * Vaccine Administration (“SIRVA”); 

 * Special Processing Unit (“SPU”) 

 Respondent. * 

 * 

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

William Patrick Ronan III, The Ronan Law Firm, Overland Park, KS, for petitioner. 

Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On July 20, 2015, 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 arm and shoulder injuries that were caused in 

fact by her influenza (“flu”) and tetanus-diphtheria-acellular-pertussis (“Tdap”) 

vaccinations she received on September 10, 2014. Petition at 1-4. The case was 

assigned to the Special Processing Unit of the Office of Special Masters. 

On December 18, 2015, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for a shoulder injury related to vaccine administration 

(“SIRVA”). On July 1, 2016, respondent filed a proffer on award of compensation 

(“Proffer”) indicating petitioner should be awarded $125,000.00. Proffer at 1. In the 

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

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 $125,000.00 in the form of a check payable to 

petitioner, Sandra G. Price. 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

SANDRA G. PRICE,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 15-759V

Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

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

$125,000.00. 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 special master’s decision 

and the Court’s judgment award the following:1

A lump sum payment of $125,000.00 in the form of a check payable to petitioner, 

Sandra G. Price. 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.

 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

CATHARINE E. REEVES

Acting Deputy Director

Torts Branch, Civil Division

LINDA S. RENZI

Senior Trial Counsel

Torts Branch, Civil Division

s/Traci R. Patton

TRACI R. PATTON

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

Ben Franklin Station, P.O. Box 146

Washington, D.C. 20044-0146

Tel.: (202) 353-1589

DATE: July 1, 2016