In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1218V
Filed: July 10, 2018
UNPUBLISHED
KELLI STRICKLIN,
Special Processing Unit (SPU);
Petitioner, Damages Decision Based on Proffer;
v. Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Jenifer Marie Placzek, Placzek Winget & Placzek, Springfield, MO, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES 1
Dorsey, Chief Special Master:
On September 8, 2017, 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”) following receipt of her September 23, 2015 influenza
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 9, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On July 10, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $143,984.12, including
$135,000.00 for pain and suffering, $6,656.82 for past out-of-pocket medical expenses,
and $2,327.30 for past lost wages. Proffer at 1. In the Proffer, respondent represented
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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.
2National 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).
that petitioner agrees with the proffered 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 $143,984.12 (representing $135,000.00 in
compensation for pain and suffering, $6,656.82 in compensation for past
unreimbursable medical expenses, and $2,327.30 for past lost wages) in the form
of a check payable to petitioner, Kelli Stricklin. 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.
2
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KELLI STRICKLIN,
Petitioner,
v. No. 17-1218V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On July 3, 2018, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. On July 9, 2018, 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 upon the evidence of
record, respondent proffers that petitioner should be awarded $143,984.12. The award is
comprised of the following: $135,000.00 for pain and suffering; $6,656.82 for past out-of-
pocket medical expenses; and $2,327.30 for past wage loss. 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
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $143,984.12, in the form of a check payable to petitioner. 1 Petitioner
agrees.
1
Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future pain and
suffering.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/Claudia B. Gangi
CLAUDIA B. GANGI
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) 616-4138
Email: claudia.gangi@usdoj.gov
Dated: July 10, 2018