In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-0579V 

Filed: November 30, 2016

Unpublished

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

EVANGELINE STAVRETIS, * 

 * 

 Petitioner, * 

 * Damages Decision Based on Proffer;

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

 * Related to Vaccine Administration

SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit

AND HUMAN SERVICES, * (“SPU”)

 * 

 Respondent. * 

 * 

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

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.

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

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On May 16, 2016, Evangeline Stavretis (“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 as a result of receiving 

the influenza (“flu”) vaccine on November 10, 2014, she suffered a shoulder injury that 

was caused-in-fact by her vaccination. The case was assigned to the Special 

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

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

petitioner entitled to compensation for a shoulder injury related to vaccine administration 

(“SIRVA”). On November 28, 2016, respondent filed a proffer on award of 

compensation (“Proffer”) indicating petitioner should be awarded $85,000.00. Proffer at

1-2. In the Proffer, respondent represented that petitioner agrees with the proffered 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

award. 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 $85,000.00 in the form of a check payable to 

petitioner, Evangeline Stavretis. 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

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

 * 

EVANGELINE STAVRETIS, * 

 * 

 Petitioner, * 

 * 

v. * No. 16-579V (ECF)

 * CHIEF SPECIAL MASTER

 * NORA BETH DORSEY

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 

In her November 2, 2016 decision, 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 flu vaccination she received on 

November 10, 2014. The parties have now addressed the amount of compensation to be awarded 

in this case. 

I. Item of Compensation 

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

a total lump sum of $85,000.00, 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 

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

through a lump sum payment of $85,000.00 in the form of a check payable to petitioner. 

Petitioner agrees. 

 Respectfully submitted, 

BENJAMIN C. MIZER

 Principal Deputy Assistant Attorney General

 

 C. SALVATORE D’ALESSIO

Acting Director

 Torts Branch, Civil Division 

 CATHARINE E. REEVES

 Acting Deputy Director 

 Torts Branch, Civil Division 

 

 VORIS E. JOHNSON, JR. 

 Senior Trial Attorney 

 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: November 28, 2016