In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1379V 

Filed: April 17, 2017 

UNPUBLISHED 

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

AMY KOMAKI, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

v. * Prevnar 13 (Pneumococcal Conjugate) 

 * Vaccination; Adhesive Capsulitis; 

SECRETARY OF HEALTH * Special Processing Unit (“SPU”) 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner. 

Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On October 21, 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 shoulder injury related to vaccine 

administration (SIRVA) and adhesive capsulitis as a result of her November 20, 2015 

Prevnar 13 (pneumococcal conjugate) vaccination. Petition at 1, ¶¶ 6, 15. The case 

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

On March 13, 2017, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for left-side adhesive capsulitis. On April 17, 2017, respondent filed a 

proffer on award of compensation (“Proffer”) indicating petitioner should be awarded 

$100,425.36. Proffer at 1. In the Proffer, respondent represented that petitioner agrees 

with the proffered award. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

 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 $100,425.36 in the form of a check payable to 

petitioner, Amy Komaki. 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.
 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

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

 * 

AMY KOMAKI, * 

 Petitioner, * 

 * 

v. * No. 16-1379V (ECF)

 * CHIEF SPECIAL MASTER

 * NORA BETH DORSEY

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 

In her March 13, 2017 Ruling on Entitlement, the Chief Special Master found that a 

preponderance of the medical evidence indicates that petitioner suffered a shoulder injury related 

to vaccine administration (“SIRVA”), which was causally related to the Prevnar 13 vaccination 

she received on November 20, 2015. The parties have now addressed the amount of 

compensation to be awarded in this case. 

I. Compensation 

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

a total lump sum of $100,425.36, which amount 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, respondent would oppose any award for future 

medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the 

right to move the Court for appropriate relief.
2 

II. Form of the Award 

 Petitioner is a competent adult. Accordingly, the parties recommend that the 

compensation provided should be made through a lump sum payment in the form of a check for 

$100,425.36, payable to petitioner. 

 Respectfully submitted, 

CHAD A. READLER

 Acting Assistant Attorney General

 Civil Division 

 

 C. SALVATORE D’ALESSIO

 Acting Director

 Torts Branch, Civil Division 

 CATHARINE E. REEVES 

 Deputy Director 

 Torts Branch, Civil Division

 

 MICHAEL P. MILMOE 

 Senior Trial Counsel 

 Torts Branch, Civil Division

 /s/ DOUGLAS ROSS

DOUGLAS ROSS

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) 616-3667 

DATE: April 17, 2017