In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-0285V 

Filed: December 28, 2016

Unpublished

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

ANIBAL PINTO, * 

 * 

 Petitioner, * Damages Decision Based on Proffer;

 * Influenza (“Flu”) Vaccine; Shoulder

v. * Injury Related to Vaccine Administration

 * (“SIRVA”); Special Processing Unit

SECRETARY OF HEALTH * (“SPU”)

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.

Ann D. Martin, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On February 29, 2016, Anibal Pinto (“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 alleged that she suffered injuries to her left 

shoulder as a result of an influenza (“flu”) vaccination she received on January 13, 

2015. The case was assigned to the Special Processing Unit (“SPU”) of the Office of 

Special Masters.

On November 18, 2016, the undersigned issued a ruling on entitlement finding 

petitioner entitled to compensation for a shoulder injury related to vaccine administration

(“SIRVA”). On December 28, 2016, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $125,000.00. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $125,000.00 in the form of a check payable to 

petitioner, Anibal Pinto. 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

____________________________________ 

 ) 

ANIBAL PINTO, ) 

 ) 

 Petitioner, ) 

 ) No. 16-285V 

 v. ) Chief Special Master Dorsey

 ) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation 

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

$125,000.00, 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 

The parties recommend that the compensation provided to petitioner should be made 

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

Petitioner agrees. 

 Respectfully submitted, 

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General 

C. SALVATORE D’ALESSIO 

 Acting Director

 Torts Branch, Civil Division 

 

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 

 CATHARINE E. REEVES 

Acting Deputy Director 

 Torts Branch, Civil Division 

 

 LISA A. WATTS 

 Senior Trial Attorney 

 Torts Branch, Civil Division 

 

 s/ Ann D. Martin 

ANN D. MARTIN 

 Senior Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

 P.O. Box 146 

Benjamin Franklin Station

 Washington, D.C. 20044-0146 

DATED: December 28, 2016 Tel.: (202) 307-1815