In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-0670V 

 Filed: May 8, 2018 

UNPUBLISHED 

CHRISTINE PEARSON, 

 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) 

 

Cliff John Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA), for petitioner. 

Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On May 22, 2017, Christine Pearson (“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”) as a result of an influenza (“flu”) 

vaccine she received on October 13, 2016. Petition at 1-2. The case was assigned to 

the Special Processing Unit of the Office of Special Masters. 

On January 11, 2018, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for SIRVA. On May 8, 2018, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $75,289.59. 

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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 $75,289.59, in the form of a check payable to 

petitioner, Christine Pearson. 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

No. 17-670V

Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 24, 2018, the Chief Special Master issued a Ruling on Entitlement finding 

petitioner entitled to damages in this case. Respondent now proffers that petitioner receive an 

award of a lump sum of $75,289.59 in the form of a check payable to petitioner. This amount 

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

which petitioner is entitled.1 This proffer does not address final attorneys’ fees and litigation 

costs. Petitioner is additionally entitled to reasonable attorneys’ fees and litigation costs, to be 

determined at a later date upon petitioner submitting substantiating documentation.

Petitioner agrees with the proffered award of $75,289.59 as representing all elements of 

compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.

Respectfully submitted,

CHAD A. READLER

Acting Assistant Attorney General

C. SALVATORE D`ALESSIO

Acting Director

Torts Branch, Civil Division

 

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.

CHRISTINE PEARSON,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.
CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

GABRIELLE M. FIELDING 

Assistant Director

Torts Branch, Civil Division

s/Camille M. Collett

CAMILLE M. COLLETT

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

(202) 616-4098

DATE: May 8, 2018