In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-484V 

 Filed: August 15, 2018 

UNPUBLISHED 

BRUCE JOHNSON, 

 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) 

 

Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for 

petitioner. 

Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On April 5, 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 he suffered a shoulder injury related to vaccine 

administration (“SIRVA”) caused by an influenza (“flu”) vaccination administered on 

November 17, 2014. Petition at 1. The case was assigned to the Special Processing 

Unit of the Office of Special Masters. 

On August 13, 2018, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for a SIRVA. On August 13, 2018, respondent filed a proffer on award 

of compensation (“Proffer”) indicating petitioner should be awarded $93,856.23 

consisting of $92,500.00 for pain and suffering, and $1,356.23 for out-of-pocket 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

expenses. Proffer at 1. In the Proffer, respondent represented that petitioner agrees 

with the 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 $93,856.23 in the form of a check payable to 

petitioner, Bruce Johnson. 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 

 

) 

BRUCE JOHNSON, ) 

 ) 

 Petitioner, ) 

 ) No. 17-484V (ECF)

v. ) Chief Special Master Dorsey 

 ) 

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

) 

 Respondent. ) 

 ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

I. Compensation for Vaccine Injury-Related Items 

On August 10, 2018, respondent filed his Rule 4(c) Report conceding entitlement in the 

above-captioned case. Chief Special Master Dorsey issued a Ruling on Entitlement on August 13, 

2018, finding that petitioner was entitled to vaccine compensation for his Shoulder Injury Related 

to Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that 

petitioner should be awarded $93,856.23. This amount includes $92,500.00 for pain and 

suffering, and $1,356.23 for out-of-pocket expenses, and it represents all elements of 

compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner 

agrees. 

II. Form of the Award

 Respondent recommends that the compensation provided to petitioner be made through a 

lump sum payment of $93,856.23 in the form of a check payable to petitioner.1

 Petitioner agrees. 

 

1 Should petitioner die prior to the entry of judgment, respondent reserves 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. 
2 

 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/Amy P. Kokot 

 AMY P. KOKOT 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Ben Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-4118 

Dated: August 13, 2018