In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1689V

UNPUBLISHED

ANTHONY PARTEE,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 4, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On November 1, 2018, Anthony Partee 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 suffered shoulder injuries related to vaccine 

administration (“SIRVA”) as a result of an influenza vaccine received on October 25, 

2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office 

of Special Masters.

On September 23, 2020, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On December 30, 2020, Respondent filed a proffer 

on award of compensation (“Proffer”) indicating Petitioner should be awarded $87,500.00

for pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic 

Government Services). This means the decision will be available to anyone with access to the 

internet. 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, I agree that the identified material fits within this definition, I 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

agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner 

is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $87,500.00 (for pain and suffering) in the form of a check payable 

to Petitioner. This amount represents compensation for all damages that would 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/Brian H. Corcoran

Brian H. Corcoran

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

ANTHONY PARTEE,

 

 Petitioner, 

 v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 18-1689V 

 Chief Special Master Corcoran (SPU)

 ECF

 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On September 22, 2020, respondent filed a Rule 4(c) Report conceding that petitioner is 

entitled to vaccine compensation for a Table injury of Shoulder Injury Related to Vaccine 

Administration suffered following receipt of an influenza vaccination on October 25, 2017. ECF 

No. 29. A Ruling on Entitlement was issued the next day, September 23, 2020. ECF No. 30. 

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

$87,500.00 for pain and suffering. This award 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 

 Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $87,500.00 in the form of a check payable to petitioner.2

 

Petitioner agrees. 

 

1

 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court 

for appropriate relief. 

2 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case. 
2 

 Respectfully submitted, 

JEFFREY BOSSERT CLARK

Acting Assistant Attorney General 

C. SALVATORE D’ALESSIO

Acting Director 

Torts Branch, Civil Division 

CATHARINE E. REEVES

Deputy Director 

 Torts Branch, Civil Division 

HEATHER L. PEARLMAN

Assistant Director

 Torts Branch, Civil Division 

 

/s/ Adriana Teitel 

ADRIANA TEITEL

Trial Attorney

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146, Benjamin Franklin Station

 Washington, DC 20044-0146 

 Tel: (202) 616-3677 

 

Dated: December 30, 2020