In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-160V 

Filed: December 12, 2017

UNPUBLISHED

JOSEPH LAMONDE, 

 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)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.

Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On February 2, 2017, 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 he suffered a left shoulder injury related to 

vaccine administration (“SIRVA”). Petition at 1-3. The case was assigned to the

Special Processing Unit (“SPU”) of the Office of Special Masters.

On August 25, 2017, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for SIRVA. On December 12, 2017, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $95,000.00. 

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

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

Pursuant to the terms stated in the attached Proffer, the undersigned awards 

petitioner a lump sum payment of $95,000.00 in the form of a check payable to 

petitioner, Joseph Lamonde. 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

___________________________________ 

) 

JOSEPH LAMONDE, ) 

) 

 Petitioner, ) No. 17-160V ECF 

 ) 

 v. ) Chief Special Master Dorsey 

 ) 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

) 

 Respondent. ) 

___________________________________ ) 

PROFFER ON AWARD OF COMPENSATION1 

I. Procedural History

 

 On February 2, 2017, Joseph Lamonde (“petitioner”) filed a petition for compensation 

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -

34, as amended. He alleged that, as a result of receiving the influenza (“flu”) vaccine on October 

6, 2015, he suffered a left shoulder injury related to vaccine administration (“SIRVA”). Petition 

at 1-3. On August 24, 2017, respondent filed his Vaccine Rule 4(c) report, conceding causationin-fact for a SIRVA to petitioner’s left arm. On August 25, 2017, the Chief Special Master 

issued a ruling on entitlement, finding that petitioner was entitled to compensation for a SIRVA

to petitioner’s left arm. 

II. Items of Compensation 

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

$95,000.00, which represents all elements of compensation to which petitioner would be entitled 

 1

 This Proffer does not include attorneys’ fees and costs, which the parties intend to 

address after the Damages Decision is issued. 
2 

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

III. Form of the Award 

 Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $95,000.00, in the form of a check payable to petitioner.2

 

Petitioner agrees.

Respectfully submitted,

CHAD A. READLER

Principal Deputy 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/Darryl R. Wishard 

 DARRYL R. WISHARD

Senior Trial Attorney

Torts Branch, Civil Division 

U. S. Department of Justice 

P.O. Box l46, Benjamin Franklin Station 

Washington, D.C. 20044-0146 

Direct dial: (202) 616-4357 

Dated: December 12, 2017 Fax: (202) 616-4310 

 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.