In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-1585V

Filed: February 11, 2016

Unpublished

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

GERRY RAMEY, *

*

Petitioner, * Damages Decision Based on Proffer;

* Influenza;

* Shoulder Injury (“SIRVA”);

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

AND HUMAN SERVICES, *

*

Respondent. *

*

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

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

Darryl Wishard, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On December 29, 2015, 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” or “Program”]. Petitioner alleges that she suffered a left shoulder injury as 

a result of the administration of her October 1, 2014 influenza vaccination. Petition at

1-2. The case was assigned to the Special Processing Unit of the Office of Special 

Masters.

On January 28, 2016, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for a shoulder injury related to vaccine administration 

(“SIRVA”). On February 11, 2016, respondent filed a proffer on award of compensation 

[“Proffer”] indicating petitioner should be awarded $125,000.00. Proffer at 1. In the 

Proffer, respondent represented that petitioner agrees with the proffered award. Based 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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).
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 $125,000.00 in the form of a check payable to 

petitioner, Gerry Ramey. 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

___________________________________

)

GERRY RAMEY, )

)

 Petitioner, ) No. 15-1585V ECF

) 

 v. ) Chief Special Master Dorsey 

 )

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, )

)

 Respondent. )

___________________________________ ) 

PROFFER ON AWARD OF COMPENSATION1

I. Procedural History

On December 29, 2015, Gerry Ramey (“petitioner”) filed a petition for compensation 

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to 

-34, as amended. Petitioner alleges that as a result of receiving the influenza (“flu”) vaccine on 

October 1, 2014, he suffered a shoulder injury related to vaccine administration (“SIRVA”) in 

his left arm that was caused-in-fact by the vaccination. On January 27, 2016, respondent filed 

her Vaccine Rule 4(c) report, conceding causation-in-fact for petitioner’s SIRVA. On January 

28, 2016, the Chief Special Master issued a ruling on entitlement, finding that petitioner was 

entitled to compensation for SIRVA. 

II. Items of Compensation

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

$125,000.00, which represents all elements of compensation to which petitioner would be 

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

 1

 This Proffer does not include attorneys’ fees and costs, which the parties intend to 

discuss after the Damages Decision is issued. 
2

III. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $125,000.00, in the form of a check payable to petitioner.

2

 

Petitioner agrees.

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

LINDA S. RENZI

Senior Trial Counsel

Torts Branch, Civil Division

/s/Darryl R. Wishard 

 DARRYL R. WISHARD

Senior Trial Attorney

Torts Branch, Civil Division

U. S. Department of Justice

P.O. Box l46, Benjamin Franklin Station

Washington, D.C. 20044-0146

Direct dial: (202) 616-4357

Dated: February 11, 2016 Fax: (202) 616-4310

 2

 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.