In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-84V 

Filed: May 18, 2016 

UNPUBLISHED 

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

CHERYL ZUPON, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

v. * Influenza (“Flu”) Vaccination; Shoulder 

 * Injury Related to Vaccine Administration 

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit 

AND HUMAN SERVICES, * (“SPU”) 

 * 

 Respondent. * 

 * 

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

Paul R. Brazil, Muller Brazil, LLP, for petitioner. 

Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On January 15, 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 tendonitis, bursitis and adhesive 

capsulitis as a result of her October 28, 2014 influenza (“flu”) vaccination. Petition at 1. 

The case was assigned to the Special Processing Unit of the Office of Special Masters. 

On May 6, 2016, a ruling on entitlement was issued, finding petitioner entitled to 

compensation for shoulder injury related to vaccine administration (“SIRVA”). On May 

17, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating 

petitioner should be awarded $80,000.00. Proffer at 1. In the Proffer, respondent 

represented that petitioner agrees with the proffered award. Based on 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $80,000.00 in the form of a check payable to 

petitioner, Cheryl Zupon. 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 

CHERYL ZUPON, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

 Respondent. 

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No. 16-84V 

Chief Special Master Dorsey 

ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

I. Compensation for Vaccine Injury-Related Items 

Respondent proffers that, based on the evidence of record, petitioner should be awarded 

$80,000.00. This amount represents all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees. 

II. Form of the Award

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

through a lump sum payment as described below, and request that the special master’s decision 

and the Court’s judgment award the following:1

A. A lump sum payment of $80,000.00 in the form of a check payable to petitioner, Cheryl 

 Zupon. This amount accounts for all elements of compensation under 42 U.S.C. 

§ 300aa-15(a) to which petitioner would be entitled. 

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

 

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 

Respectfully submitted, 

 BENJAMIN C. MIZER 

 Principal Deputy Assistant Attorney General 

 RUPA BHATTACHARYYA 

 Director 

 Torts Branch, Civil Division 

VINCENT J. MATANOSKI 

 Deputy Director 

 Torts Branch, Civil Division 

HEATHER L. PEARLMAN 

 Senior Trial Attorney 

 Torts Branch, Civil Division 

 s/Traci R. Patton 

 TRACI R. PATTON 

Senior Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

Ben Franklin Station, P.O. Box 146 

Washington, D.C. 20044-0146 

Tel.: (202) 353-1589 

DATE: May 17, 2016