In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-886V

Filed: November 19, 2015

UNPUBLISHED

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

CHRISTINE REDLINGER, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza (“Flu”) Vaccine; 

* Shoulder Injury Related to Vaccine 

SECRETARY OF HEALTH * Administration (“SIRVA”);

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

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

Paul Brazil, Muller Brazil, LLP, Philadelphia, PA, for petitioner.

Christine Becer, U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On August 17, 2015, 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” or “Program”]. Petitioner alleges that she suffered a shoulder injury 

related to vaccine administration (“SIRVA”) resulting from the influenza vaccination she 

received on October 9, 2014. Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

On November 5, 2015, a ruling on entitlement was issued, finding that petitioner 

was entitled to compensation. On November 19, 2015, respondent filed a proffer on 

award of compensation [“Proffer”] stating that petitioner should be awarded $80,000.00 

for pain and suffering and unreimbursed medical expenses. Proffer at 1. According to 

respondent’s Proffer, petitioner agrees to the proposed award of compensation. Id. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post it on the United States Court of Federal Claims' website, in accordance with the E-Government 

Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 

note (2006)). 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

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, Christine Redlinger, for pain and suffering and suffering and 

unreimbursed medical expenses. 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 each party filing a notice 

renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________

)

CHRISTINE REDLINGER, )

)

Petitioner, )

) No. 15-886V

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. )

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

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

$80,000.00 for pain and suffering and unreimbursed medical expenses, which 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

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

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

Petitioner agrees. 

 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. 

Case 1:15-vv-00886-UNJ Document 17 Filed 11/19/15 Page 1 of 2
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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

MICHAEL P. MILMOE

Senior Trial Counsel

Torts Branch, Civil Division 

 s/Christine Mary Becer

CHRISTINE MARY BECER

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) 616-3665

Date: November 19, 2015

Case 1:15-vv-00886-UNJ Document 17 Filed 11/19/15 Page 2 of 2