# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1084 V

Filed: December 1, 2017

UNPUBLISHED

STEVEN ZEBOFSKY

,

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)

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

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

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On September 28, 2015

, Steven Zebofsky (“ 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”) . Peti tioner alleges that he suffered injury to his

right shoulder caused in fact by the influenza (“flu”) vaccine he received on October 18,

2014. Petition at 1, ¶¶ 3, 11. The case was assigned to the Special Processing Unit of

the Office of Special Masters.

On September 28, 2017, a ruling on entitlement was issued, finding petitioner

entitled to compensation for his right shoulder injury. On December 1, 2017

, respondent filed a proffer on a ward of compensation (“Proffer”) indicating petitioner

should be awarded $55,000.00. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 award s petitioner a lump sum payment of $55,000.00 in the form of a check payable to

petitioner, Steven Zebofsky

. This amount represents compensation for all damages

that w ould be available under § 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

STEVEN ZEBOFSKY

, )

)

)

Petitioner

, ) No. 1 5

- 10 84 V

) Chief Special Master

v. ) Nora Beth Dorsey

) ECF

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent

. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On September 28, 2017

, the Chief Special M a st er 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 $ 55,000.00 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. Pet itioner 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 $ 55,000.00 as representing all

e lements of compensation under 42 U.S.C. § 300aa

- 15(a) to which petitioner is entitled.

1 Should petitioner die prior to the entry of judgment, the parties reserv e 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.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/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

December 1, 2017