In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-896V 

Filed: August 2, 2019

UNPUBLISHED

CATHERINE GONZALES, 

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.

Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for 

respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On July 26, 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”) after receiving an influenza (“flu”) vaccine administered on 

September 21, 2005. Petition at 1. The case was assigned to the Special Processing 

Unit of the Office of Special Masters.

On September 12, 2018, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for a SIRVA. On August 2, 2019, respondent filed a proffer on 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is required 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). 

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

award of compensation (“Proffer”) indicating petitioner should be awarded $393,964.66 

consisting of $4,085.70 for projected unreimbursable vaccine-related expenses, 

$285,328.07 for lost earnings, $100,000.00 for pain and suffering, and $4,550.89 for 

past unreimbursed expenses. Proffer at 1. In the Proffer, respondent represented that 

petitioner agrees with the proffered award. Id. 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 $393,964.66 (consisting of $4,085.70 for 

projected unreimbursable vaccine-related expenses, $285,328.07 for lost 

earnings, $100,000.00 for pain and suffering, and $4,550.89 for past unreimbursed 

expenses) in the form of a check payable to petitioner, Catherine Gonzales. 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/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.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________

)

CATHERINE GONZALES, )

)

) No. 16-896V

Petitioner, ) Chief Special Master

) Nora Beth Dorsey

v. ) ECF

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On September 7, 2018, respondent filed his Vaccine Rule 4(c) report conceding 

entitlement to compensation in this matter. On September 12, 2018, the Court entered its Ruling 

on Entitlement, finding petitioner Catherine Gonzales entitled to Vaccine Act compensation. 

Respondent now proffers that petitioner receive a compensation award consisting of a lump sum 

of $393,964.66 in the form of a check payable to petitioner, Catherine Gonzales.

1 This amount 

consists of $4,085.70 for projected unreimbursable vaccine-related expenses, $285,328.07 for 

lost earnings, $100,000.00 for pain and suffering, and $4,550.89 for past unreimbursed expenses, 

and represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to 

which petitioner is entitled.2

 1 Petitioner is a competent adult. No guardianship is required.

2 Should petitioner die prior to entry of judgment, respondent would oppose any award for

future medical expenses, future lost earnings, and future pain and suffering, and the parties

reserve the right to move the Court for appropriate relief.
2

Petitioner agrees with the proffered award of $393,964.66.3

Respectfully submitted,

JOSEPH H. HUNT

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/GLENN A. MACLEOD 

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Tel: (202) 616-4122

Dated: August 2, 2019

 3 This proffer does not include any award for attorneys’ fees and costs that may be awarded

pursuant to 42 U.S.C. § 300aa-15(e).