VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01092
Package ID: USCOURTS-cofc-1_16-vv-01092
Petitioner: Darla Shaffer
Filed: 2017-07-21
Decided: 2017-08-21
Vaccine: influenza
Vaccination date: 
Condition: Complex Regional Pain Syndrome (CRPS)
Outcome: compensated
Award amount USD: 227018

AI-assisted case summary:
Darla Shaffer filed a claim under the National Vaccine Injury Compensation Program on July 21, 2017, seeking compensation for an injury allegedly sustained after receiving an influenza vaccine. The case progressed to a damages award through a proffer. Respondent filed a Proffer on Award of Compensation on July 20, 2017, agreeing to a settlement amount that Petitioner's counsel, Kenneth Behrend, found reasonable. Special Master George L. Hastings reviewed the proffer and ordered Respondent to make a lump sum payment of $227,018.33 to Petitioner. This amount was intended to compensate for all damages available under the Vaccine Act, including life care items, lost earnings, pain and suffering, and past expenses. The decision noted that if Petitioner were to die before judgment, the parties reserved the right to seek relief regarding future damages. The clerk was ordered to enter judgment in accordance with the decision. The specific vaccine date and the nature of the alleged injury, Complex Regional Pain Syndrome (CRPS), were not detailed in the public decision beyond the condition's name. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Petitioner was represented by Kenneth R. Behrend, and Respondent was represented by Douglass Ross of the U.S. Department of Justice. The award was comprised of $28,077.62 for life care items, $45,482.43 in lost earnings, $150,000.00 for actual and projected pain and suffering, and $3,458.28 for past expenses, all reduced to net present value where applicable.

Theory of causation field:
Petitioner Darla Shaffer filed a claim under the National Vaccine Injury Compensation Program alleging injury from an influenza vaccine. The case was resolved via a proffer on award of compensation, with Petitioner agreeing to a settlement amount deemed reasonable by her counsel, Kenneth Behrend. Respondent, represented by Douglass Ross, agreed to a lump sum payment of $227,018.33. This award was comprised of $28,077.62 for life care items, $45,482.43 in lost earnings, $150,000.00 for pain and suffering, and $3,458.28 for past expenses, all reduced to net present value. The specific injury alleged was Complex Regional Pain Syndrome (CRPS). The public decision does not detail the specific vaccine date, the mechanism of causation, expert testimony, or the specific medical evidence supporting the claim. Special Master George L. Hastings approved the proffer on August 21, 2017. The parties reserved rights regarding future damages should the petitioner die before judgment.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01092-0
Date issued/filed: 2017-08-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/21/17) regarding 27 DECISION Stipulation/Proffer: Decision by Proffer; Vaccine Act Entitlement; Damages; Influenza Vaccine; Complex Regional Pain Syndrome (CRPS) Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:16-vv-01092-UNJ Document 28 Filed 08/21/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1092V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
DARLA SHAFFER, *
*
Petitioner, * Filed: July 21, 2017
*
v. * Decision by Proffer; Vaccine Act
* Entitlement; Damages; Influenza
SECRETARY OF HEALH * Vaccine; Complex Regional Pain
HUMAN SERVICES * Syndrome (CRPS)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Kenneth R. Behrend, Pittsburgh, PA, for Petitioner
Douglass Ross, U.S. Department of Justice, Washington, D.C., for Respondent.
DECISION1
HASTINGS, Special Master.
This is an action seeking an award under the National Vaccine Injury Compensation
Program2 on account of an injury suffered by Darla Shaffer. On July 20, 2017, Respondent filed
a “Proffer on Award of Compensation.” That proffer represents that Petitioner’s counsel,
Kenneth Behrend, agrees that the amount of the proffered award is a reasonable measure of
Petitioner’s damages.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this
Decision on the United States Court of Federal Claims' website. Therefore, this document will be made available to
the public unless the Petitioner files, within fourteen days, an objection to the disclosure of any material in the
Decision that would constitute, “medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” See 42 U.S.C. § 300aa—12(d)(4)(B); Vaccine Rule 18(b).
2 The applicable statutory provisions defining the Program are found at 42 U.S.C. § 300aa—10 et seq. (2012).
Hereinafter, for ease of citation, all “§” references will be to 42 U.S.C. (2012). I will also sometimes refer to the Act
of Congress that created the Program as the “Vaccine Act.”

Case 1:16-vv-01092-UNJ Document 28 Filed 08/21/17 Page 2 of 4
I have reviewed the file, and based on that review, I conclude that the Respondent’s
Proffer appears to be an appropriate one, pursuant to § 300aa-15(b). (I have attached a copy of
the Proffer to this decision.) I order that Respondent make a lump sum payment as described
below.
• Respondent shall make a total lump sum payment of $227,018.33, in the form
of a check payable to Petitioner, representing compensation for all damages that
would be available under 42 U.S.C. §300aa-15(a).
Under the statute governing the Program, as well as the “Vaccine Rules” adopted by this
court, the special master must now enter a decision endorsing that Proffer, and the clerk must
enter judgment, in order to authorize payment of the award. See § 300aa-12(d)(3)(A) and (e)(3);
§ 300aa-13(a); Vaccine Rules 10(a), 11(a).3
Darla Shaffer is entitled to an award under the Vaccine Act to provide compensation for
her injury. The award shall be in the form of a lump sum payment, as provided above.
In the absence of a timely-filed motion for review of this Decision, the clerk shall enter
judgment in accord with this Decision.
IT IS SO ORDERED.
/s/ George L. Hastings, Jr.
George L. Hastings, Jr.
Special Master
3 The “Vaccine Rules of the United States Court of Federal Claims” are found in Appendix B of the Rules of the
United States Court of Federal Claims.

Case 1:16-vv-01092-UNJ Document 28 Filed 08/21/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
DARLA SHAFFER, *
*
Petitioner, *
*
v. * No. 16-1092V (ECF)
* SPECIAL MASTER HASTINGS
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
In his March 10, 2017 damages order, the Special Master noted that the parties had
commenced the process of settling damages in this case. The parties have now addressed the
amount of compensation to be awarded.
I. Compensation
Based upon the evidence of record, respondent proffers that a lump sum of $227,018.33
should be awarded petitioner. This amount is comprised of: a) $28,077.62 for life care items
(including medical co-pays, prescriptions, YMCA membership, and medical mileage), reduced
to net present value; b) $45,482.43 in lost earnings, reduced to net present value; c) $150,000.00
for actual and projected pain and suffering; and d) $3,458.28 for past expenses. This lump sum
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.

Case 1:16-vv-01092-UNJ Document 28 Filed 08/21/17 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided should be made in the form of a
check for $227,018.33, payable to petitioner.
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
LINDA S. RENZI
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: July 20, 2017
2