In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-959V

Filed: August 21, 2015

Unpublished

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

AMY LEE DILLSON, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza; Shoulder Injury (“SIRVA”)

* Special Processing Unit (“SPU”)

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Danny Ray Ellis, Massey & Associates, P.C., Chattanooga, TN, for petitioner.

Alexis Babcock, U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master:

On October 8, 2014, Amy Dillson filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

[the 

“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury 

caused by an October 10, 2012 influenza vaccination. Petition at 1. The case was 

assigned to the Special Processing Unit of the Office of Special Masters.

On May 21, 2015, I issued a ruling on entitlement, finding petitioner entitled to 

compensation for her shoulder injury which respondent conceded was a shoulder injury 

related to vaccine administration (“SIRVA”). On August 21, 2015, respondent filed a 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post it on the United States Court of Federal Claims' website, 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)). 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).
proffer on award of compensation [“Proffer”] indicating petitioner should be awarded

$70,000.00 for actual and projected pain and suffering.

3 Proffer at 1. 

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

sum payment of $70,000.00 in the form of a check payable to petitioner, Amy

Dillson. 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.4

s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

 

3

I note that the proffer is mis-captioned to the extent that it refers to “Amy Dillson” rather than “Amy Lee 

Dillson” as above.

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice 

renouncing the right to seek review.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________

)

AMY DILLSON, )

)

Petitioner, )

) No. 14-959

v. ) Chief Special MasterVowell

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

For the purposes of this proffer, the term “vaccine-related” is as described in 

Respondent’s Rule 4(c) Report filed on May 25, 2015. 

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $70,000.00 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. Past Unreimbursable Expenses

Petitioner has not submitted documentation for unreimbursed expenses in this case, and 

thus respondent proffers that petitioner should not be awarded any amount for unreimbursed 

expenses. Petitioner agrees.

C. Lost Wages

The parties agree that based upon the evidence of record, petitioner’s vaccine-related

injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner 

Case 1:14-vv-00959-UNJ Document 31 Filed 08/21/15 Page 1 of 2
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should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa15(a)(3)(A). Petitioner agrees.

II. Form of the Award

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

through a lump sum payment of $70,000.00 in the form of a check payable to petitioner.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Tort Branch, Civil Division

MICHAEL P. MILMOE

Senior Trial Counsel 

Torts Branch, Civil Division

s/ Alexis B. Babcock

ALEXIS B. BABCOCK

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Dated: August 21, 2015 Telephone: (202) 616-7678

Case 1:14-vv-00959-UNJ Document 31 Filed 08/21/15 Page 2 of 2