In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-962V 

Filed: January 31, 2017

UNPUBLISHED

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

NIKI DELSON, * 

 * 

 Petitioner, * Damages Decision Based on Proffer;

v. * Influenza; 

 * Shoulder Injury; SIRVA; 

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

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, Memphis, TN, for 

petitioner.

Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On August 8, 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 September 8, 2015 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 January 30, 2017, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $106,518.62. 

Proffer at 1. In the Proffer, respondent represented that petitioner agrees with 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $106,518.62 in the form of a check payable to 

petitioner, Niki Delson. 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 

NIKI DELSON, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

Respondent. 

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No. 16-962V 

Chief Special Master Dorsey 

ECF 

PROFFER ON AWARD OF COMPENSATION 

I. Items of Compensation 

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

$106,518.62, which represents all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 

II. Form of the Award

Petitioner is a competent adult. Evidence of guardianship is not required in this case. 

Respondent recommends that the compensation provided to petitioner should be made through a 

lump sum payment of $106,518.62, in the form of a check payable to petitioner. Petitioner 

agrees.

Respectfully submitted, 

JOYCE R. BRANDA 

Acting Assistant Attorney General 

 

 

1

 Should petitioner die prior to the 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 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

CATHARINE E. REEVES 

Deputy Director 

Torts Branch, Civil Division 

LINDA S. RENZI 

Senior Trial Counsel 

Torts Branch, Civil Division 

 

 s/ Sarah C. Duncan 

 Sarah C. Duncan 

 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) 514-9729 

Fax: (202) 616-4310 

DATED: January 30, 2017