In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-0875V 

 Filed: August 8, 2017 

UNPUBLISHED 

JON MARTIN, 

 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. 

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On July 25, 2016, Jon Martin (“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 received an influenza (“flu”) vaccine in his left 

arm on October 10, 2015, and subsequently suffered an injury to his left shoulder 

secondary to the vaccination. Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters. 

On February 9, 2017, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for SIRVA. On August 8, 2017, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded a lump sum 

of $70,000.00, for his actual and projected pain and suffering, and $1,430.87, 

representing compensation for satisfaction of the State of Nevada Medicaid lien. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 1-2. 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. 

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

the following: 

A. A lump sum payment of $70,000.00, in the form of a check payable to 

petitioner, Jon Martin. 

B. A lump sum payment of $1,430.87, representing compensation for 

satisfaction of the State of Nevada Medicaid lien, payable joint to petitioner 

and 

State of Nevada 

Department of Health and Human Services 

Division of Health Care Financing and Policy 

HMS NV Casualty Unit 

P.O. Box 167487 

Irving, TX 75016 

Medicaid#: 00001769855 

Petitioner agrees to endorse this payment to the State of Nevada. These amounts 

represent 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.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS

_________________________________________

) 

JON MARTIN, )

 ) 

Petitioner, ) 

) No. 16-875V

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that the Court should award Jon Martin a lump sum of $70,000.00 

for his actual and projected pain and suffering. This amount reflects that the award for projected 

pain and suffering has been reduced to net present value. See § 300aa-15(a)(4). Petitioner 

agrees.

B. Medicaid Lien

Respondent proffers that Jon Martin should be awarded funds to satisfy the State of 

Nevada lien in the amount of $1,430.87, which represents full satisfaction of any right of 

subrogation, assignment, claim, lien, or cause of action the State of Nevada may have against 

any individual as a result of any Medicaid payments the State of Nevada has made to or on 

behalf of Jon Martin from the date of his eligibility for benefits through the date of judgment in 
2

this case as a result of his vaccine-related injury suffered on or about October 10, 2015, under 

Title XIX of the Social Security Act.

II. Form of the Award

The parties recommend that the compensation provided to Jon Martin should be made 

through a combination of lump sum payments as described below, and request that the Chief 

Special Master’s decision and the Court’s judgment award the following:1

A. A lump sum payment of $70,000.00, representing pain and suffering in the form 

of a check payable to petitioner, Jon Martin.

B. A lump sum payment of $1,430.87, representing compensation for satisfaction of 

the State of Nevada Medicaid lien, payable jointly to petitioner and 

State of Nevada

Department of Health and Human Services

Division of Health Care Financing and Policy

HMS NV Casualty Unit

P.O. Box 167487

Irving, TX 75016

Medicaid#: 00001769855

Petitioner agrees to endorse this payment to the State of Nevada.

III. Summary of Recommended Payments Following Judgment

A. Lump Sum paid to petitioner, Jon Martin: $70,000.00

B. Medicaid Lien, paid jointly to petitioner and

State of Nevada: $ 1,430.87

 

1

 Should petitioner die prior to entry of judgment, respondent reserves the right to move 

the Court for appropriate relief. In particular, respondent would oppose any award for future 

pain and suffering.
3

Respectfully submitted,

CHAD A. READLER

Acting 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/ Claudia B. Gangi 

CLAUDIA B. GANGI

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Tel.: (202) 616-4138

Dated: August 8, 2017