In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-1402V 

Filed: June 30, 2017

UNPUBLISHED

KATHEY WOOLARD, 

 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.

Robert P. Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On October 26, 2016, 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 alleged that she suffered an injury to her left shoulder as a 

result of receiving an influenza (“flu”) vaccine on October 6, 2014. Petition at 1. The 

case was assigned to the Special Processing Unit (“SPU”) of the Office of Special 

Masters.

On June 30, 2017, the undersigned issued a ruling on entitlement, finding 

petitioner entitled to compensation for a shoulder injury related to vaccine administration 

(“SIRVA”). On June 30, 2017, respondent filed a proffer on award of compensation 

(“Proffer”) in his Rule 4(c) Report indicating petitioner should be awarded $70,000.00. 

Rule 4(c) Rep. at 4. In the Proffer, respondent represented that petitioner agrees with 

the proffered award. Id.

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 Proffer,3 the undersigned awards petitioner 

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

Kathey Woolard. 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.4 

IT IS SO ORDERED.

 s/Nora Beth Dorsey

Nora Beth Dorsey

 Chief Special Master

 

3 The Proffer is not attached to this decision because it was included in the Rule 4(c) Report, which 

contains confidential medical information.

4 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.