In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1068V 

 Filed: September 7, 2017 

UNPUBLISHED 

LINDA HAGANS, 

 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) 

 

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. 

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On August 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 alleges that she received an influenza (“flu”) vaccination on 

October 29, 2015 and subsequently suffered a shoulder injury related to vaccine 

administration (“SIRVA”). Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters. 

On August 28, 2017, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for a SIRVA. On September 7, 2017, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $127.996.77. 

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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 $127,996.77 in the form of a check payable to 

petitioner, Linda Hagans. 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.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

LINDA HAGANS, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 16-1068V

 Chief Special Master Dorsey

 ECF

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On August 26, 2016, Linda Hagans (“petitioner”) filed a petition for compensation 

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 

to -34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to 

compensation in his Rule 4(c) Report filed on August 21, 2017. Based on Respondent’s Rule 

4(c) Report, on August 28, 2017, the Chief Special Master found petitioner entitled to 

compensation.

I. Items of Compensation 

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

awarded $127,996.77, which represents all elements of compensation to which petitioner 

would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
2

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $127,996.77 in the form of a check payable to petitioner.1 

Petitioner agrees. 

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

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

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

 s/Jennifer L. Reynaud 

JENNIFER L. REYNAUD

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) 305-1586

Date: September 7, 2017

 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 pain and suffering, and future lost wages.