In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-607V 

Filed: October 14, 2015 

Not for Publication 

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

NANCI BRILL, * 

 * 

Petitioner, * 

 * 

 v. * 

 * 

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

* 

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

Ronald C. Homer, Boston, MA, for petitioner. 

Michael P. Milmoe, Washington, DC, for respondent. 

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On July 14, 2014, petitioner filed a petition under the National Childhood Vaccine Injury 

Act, 42 U.S.C. §§ 300aa-10–34 (2012), alleging that she suffered a shoulder injury as a result of 

the influenza (“flu”) vaccination she received on September 13, 2011. On June 25, 2015, 

respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury 

related to vaccine administration (“SIRVA”) and recommending compensation. 

1 Because this decision contains a reasoned explanation for the special master's action in this case, the

special master intends to post this decision on the United States Court of Federal Claims's website, in 

accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the 

public unless they contain trade secrets or commercial or financial information that is privileged and 

confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted 

invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact

such information prior to the document=s disclosure. If the special master, upon review, agrees that the 

identified material fits within the banned categories listed above, the special master shall redact such 

material from public access.

Damages decision based on 

proffer; influenza (“flu”) vaccine; 

shoulder injury related to vaccine 

administration (“SIRVA”)

 
On October 14, 2015, respondent filed Respondent’s Proffer on Award of Compensation. 

The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole, 

the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to 

the terms stated in the attached proffer, the court awards a lump sum payment of $295,000.00 

representing all elements of compensation to which petitioner would be entitled under 42 U.S.C. 

§ 300aa-15(a). The award shall be in the form of a check for $295,000.00 made payable to 

petitioner, Nanci Brill. 

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

the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: October 14, 2015 /s/ Laura D. Millman 

 Laura D. Millman

 Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.

2 

 
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ 

 ) 

NANCI BRILL, ) 

 ) 

 Petitioner, ) No. 14-607V 

 ) Special Master Millman

 v. ) ECF

 ) 

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

 ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On June 25, 2015, respondent filed a Rule 4(c) Report conceding that petitioner was 

entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration 

(“SIRVA”) injury. Respondent proffers that, based on the evidence of record, petitioner should 

be awarded $295,000.00. 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

 Respondent recommends that the compensation provided to petitioner should be made 

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

and the Court’s judgment award the following:1

A. A lump sum payment of $295,000.00 in the form of a check payable to petitioner, Nanci 

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

 

1 Should petitioner die prior to 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. 
§ 300aa-15(a) to which petitioner would be entitled. 

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

Respectfully submitted,

BENJAMIN C. MIZER

 Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

 Director

Torts Branch, Civil Division

 VINCENT J. MATANOSKI

 Deputy Director 

 Torts Branch, Civil Division 

 HEATHER L. PEARLMAN

Senior Trial Attorney

Torts Branch, Civil Division

 /s/ Michael P. Milmoe 

MICHAEL P. MILMOE

 Senior Trial Counsel

 Torts Branch, Civil Division

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station

 Washington, D.C. 20044-0146 

 Phone: (202) 616-4125 

Dated: October 14, 2015 Fax: (202) 616-4310