In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1617V

UNPUBLISHED

DEBORAH ANN DUNATOV,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: August 7, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Robert D. Trzynka, Hovland, Rasmus, Brendtro & Trzynka, Prof. LLC, Sioux Falls, SD, 

for petitioner.

Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On October 18, 2018, Deborah Ann Dunatov 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”) as a result of an influenza (“flu”) vaccination received 

on October 26, 2016. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

On February 25, 2020, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On August 7, 2020, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $45,019.00 

(representing $39,500.00 for pain and suffering and $5,519.00 for lost wages). Proffer at 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic 

Government Services). This means the decision will be available to anyone with access to the 

internet. 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, I agree that the identified material fits within this definition, I 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

2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. 

Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated 

in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $45,019.00 (representing $39,500.00 for actual and projected pain 

and suffering, with projected pain and suffering reduced to net present value, and 

$5,519.00 for lost wages) in the form of a check payable to Petitioner. This amount

represents compensation for all damages that would be available under § 15(a). 

The clerk of the court is directed to enter judgment in accordance with this 

decision.3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

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 

DEOBRAH ANN DUNATOV, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 18-1617V 

 Chief Special Master Corcoran 

 ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 On October 18, 2018, Deborah Ann Dunatov (“petitioner”) filed a petition for 

compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 

to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine 

Administration (SIRVA) as a result of an influenza (flu) vaccine administered to her on October 

26, 2016. On February 25, 2020, the Chief Special Master issued a Ruling on Entitlement 

finding petitioner entitled to compensation. 

I. Items of Compensation 

A. Pain and Suffering 

Respondent proffers that petitioner should be awarded $39,500.00 in actual and projected 

pain and suffering. This amount reflects that the award for projected pain and suffering has been 

reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 

B. Lost Wages 

Evidence supplied by petitioner documents petitioner’s lost wages as a result of her 

vaccine injury. Respondent proffers that petitioner should be awarded lost wages in the amount 
2 

of $5,519.00, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner 

agrees. 

II. Form of the Award 

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

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

lump sum payment as described below and requests that the Chief Special Master’s decision and 

the Court’s judgment award the following1: a lump sum payment of $45,019.00, representing 

compensation for pain and suffering ($39,500.00), and lost wages ($5,519.00.00), in the form of 

a check payable to petitioner, Deborah Ann Dunatov. 

III. Summary of Recommended Payments Following Judgment 

Lump sum payable to petitioner, Deborah Ann Dunatov: 

$45,019.00 

Respectfully submitted, 

ETHAN P. DAVIS 

Acting Assistant Attorney General 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

CATHARINE E. REEVES 

Deputy Director 

Torts Branch, Civil Division 

DARRYL R. WISHARD 

Assistant Director 

Torts Branch, Civil Division 

 

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 lost 

earnings and future pain and suffering. 
3 

 

/s/ Julia M. Collison 

JULIA M. COLLISON 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Ben Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 305-0102 

Dated: August 7, 2020