In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-897V 

Filed: April 28, 2017 

UNPUBLISHED 

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

LISA WEBB, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

v. * Influenza (“Flu”); Shoulder Injury 

 * Related to Vaccine Administration 

SECRETARY OF HEALTH * (“SIRVA”); 

AND HUMAN SERVICES, * Special Processing Unit (“SPU”) 

 * 

 Respondent. * 

 * 

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

Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. 

Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On July 27, 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 suffered a right shoulder injury related to vaccine 

administration (“SIRVA”), which was caused-in-fact by an influenza (“flu”) vaccination. 

Petition at 1. The case was assigned to the Special Processing Unit of the Office of 

Special Masters. 

On January 3, 2017, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for a SIRVA. On April 28, 2017, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $154,742.57. Proffer 

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

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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 $154,742.57 in the form of a check payable to 

petitioner, Lisa Webb. 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

_________________________________________

LISA WEBB, ) ECF

 )

Petitioner, )

 )

v. ) No. 16-897V

 ) Chief Special Master

SECRETARY OF HEALTH AND HUMAN ) Nora Beth Dorsey

SERVICES, )

 )

Respondent. )

 )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On July 27, 2016, Lisa Webb (“petitioner”) filed a petition for vaccine injury

compensation alleging that she suffered a right shoulder injury related to vaccine administration 

(“SIRVA”), which was caused-in-fact by an influenza (“flu”) vaccination administered on 

November 7, 2014. Respondent filed his Rule 4(c) Report conceding entitlement to 

compensation on January 3, 2017. The Chief Special Master issued a Ruling on Entitlement on 

January 4, 2017.

I. Items of Compensation

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

$154,742.57, which represents all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.

 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 lost earnings, and future pain and suffering.
2

II. Form of the Award

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

through a lump sum payment of $154,742.57 in the form of a check payable to petitioner.2 

Petitioner agrees. 

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

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division

s/Lisa A. Watts 

LISA A. WATTS

Senior 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) 616-4099

DATED: April 28, 2017.

 

2

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