In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-396V 

Filed: February 1, 2018

UNPUBLISHED

JEANNE WEBER, 

 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)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

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

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On March 23, 2017, 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 a shoulder injury related to vaccine 

administration (“SIRVA”) following her receipt of her October 2, 2015 influenza (“flu”) 

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

Office of Special Masters.

On November 20, 2017, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for SIRVA. On February 1, 2018, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $50,104.20. 

Proffer at 1. In the Proffer, respondent represented that petitioner agrees with 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 

petitioner a lump sum payment of $50,104.20 in the form of a check payable to 

petitioner, Jeanne Weber. 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 

 

JEANNE WEBER, ) 

) 

 Petitioner, ) No. 17-396V 

) Chief Special Master 

v. ) Nora Beth Dorsey 

) ECF 

) 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

) 

Respondent. ) 

) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On November 20, 2017, the Chief Special Master 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 $50,104.20 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. Petitioner 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 $50,104.20 as representing all 

elements 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 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. 
 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/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 

February 1, 2018