In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-234V 

Filed: February 16, 2017

Unpublished

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

MEGHAN LEE HELTON, * 

 * 

 Petitioner, * 

 * Damages Decision Based on Proffer;

v. * Influenza (“flu”) Vaccine; Shoulder

 * Injury Related to Vaccine

SECRETARY OF HEALTH * Administration (“SIRVA”); Special

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

 * 

 Respondent. * 

 * 

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

Timothy P. Clancy, Stauffer & Nathan, P.C., Tulsa, OK, for petitioner.

Amy P. Kokot, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On February 17, 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 alleged that she received a seasonal influenza (“flu”) vaccine 

in her left shoulder on October 26, 2011, and subsequently suffered a shoulder injury 

related to vaccine administration (“SIRVA”) as a result. The case was assigned to the 

Special Processing Unit (“SPU”) of the Office of Special Masters.

On May 31, 2016, the undersigned issued a ruling on entitlement finding 

petitioner entitled to compensation for a SIRVA. On February 15, 2017, respondent 

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

awarded $145,000.00. Proffer at 1. In the Proffer, respondent represented that 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

petitioner agrees with the proffered award. Id. 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 $145,000.00 in the form of a check payable to 

petitioner, Meghan Lee Helton. 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 

 

) 

MEGHAN LEE HELTON, ) 

 ) 

 Petitioner, ) 

 ) No. 16-234V (ECF)

v. ) Chief Special Master Dorsey 

 ) 

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

) 

 Respondent. ) 

 ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

I. Compensation for Vaccine Injury-Related Items 

On May 31, 2016, Chief Special Master Dorsey issued a Ruling on Entitlement finding 

that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine 

Administration (“SIRVA”). Based on the evidence of record, respondent proffers that petitioner 

should be awarded $145,000.00. This amount represents all elements of compensation to which 

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

II. Form of the Award

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

lump sum payment of $145,000.00 in the form of a check payable to petitioner.1 Petitioner 

agrees. 

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

 

1 Should petitioner die prior to the 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. 
2 

 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 

 

 ALEXIS B. BABCOCK 

 Senior Trial Attorney 

 Torts Branch, Civil Division 

 

 s/Amy P. Kokot 

 AMY P. KOKOT 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Ben Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-4118 

Dated: February 15, 2017