In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-1007V

(Filed: June 27, 2014)

 

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

RAITHE PACE, * UNPUBLISHED

*

Petitioner, * Special Master Dorsey

*

v. *

* Decision on Proffer; Damages;

SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; Shoulder 

AND HUMAN SERVICES, * Injury Related to Vaccine 

* Administration (“SIRVA”).

Respondent. *

*

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

Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner.

Traci Patton, United States Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On December 19, 2013, Raithe Pace (“petitioner”) filed a petition for compensation 

under the National Vaccine Injury Compensation Program2 alleging that she suffered from a left 

shoulder injury that had been caused-in-fact by an influenza (“flu”) vaccine administered to her 

on September 24, 2011. Petition at 1. On June 3, 2014, a Ruling on Entitlement was issued 

based on respondent’s concession. 

On June 25, 2014, respondent filed a Proffer on Award of Compensation. Respondent 

proffers that, based upon her review of the evidence of record, petitioner should be awarded 

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, 

the undersigned intends to post this ruling on the website of the United States Court of Federal 

Claims, 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)). As provided by 

Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any 

information furnished by that party: (1) that is a trade secret or commercial or financial in 

substance and is privileged or confidential; or (2) that includes medical files or similar files, the 

disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 

18(b).

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 

U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual 

section references will be to 42 U.S.C. § 300aa of the Act.

 
$95,000.00. Respondent states that petitioner agrees with the amount set forth in the Proffer.

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 $95,000.00, in the form of a check payable to 

petitioner, Raithe Pace. This amount accounts for all elements of 

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

entitled. 

Proffer ¶ II.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court SHALL ENTER JUDGMENT herewith.3

IT IS SO ORDERED.

s/ Nora Beth Dorsey

 Nora Beth Dorsey

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of 

notice renouncing the right to seek review.

2

 
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

RAITHE PACE, 

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

)

)

)

)

)

)

)

)

)

) 

) 

No. 13-1007V

Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded 

$95,000.00. This amount represents all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.

II. Form of the Award

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

through a lump sum payment as described below, and request that the special master’s decision 

and the Court’s judgment award the following:1

A. A lump sum payment of $95,000.00 in the form of a check payable to petitioner, Raithe 

Pace. This amount accounts for all elements of compensation under 42 U.S.C. 

§ 300aa-15(a) to which petitioner would be entitled.

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

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 and future pain and suffering.

 

Case 1:13-vv-01007-UNJ Document 19 Filed 06/25/14 Page 1 of 2
Respectfully submitted,

STUART F. DELERY

Assistant Attorney General

RUPA BHATTACHARYYA 

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

ALTHEA W. DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

s/Traci R. Patton

TRACI R. PATTON

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

Ben Franklin Station, P.O. Box 146

Washington, D.C. 20044-0146

Tel.: (202) 353-1589

DATE: June 25, 2014

2

Case 1:13-vv-01007-UNJ Document 19 Filed 06/25/14 Page 2 of 2