In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1212V

UNPUBLISHED

PATRICIA G. HUSTEAD,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: December 8, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Tetanus Diphtheria acellular 

Pertussis (Tdap) Vaccine & Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On September 16, 2020, Patricia Hustead 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 Table Injury of [the] [r]ight shoulder 

as a result of the influenza and DTap vaccines3 . . . [she] received on October 11, 2018.”

Petition at 1. The case was assigned to the Special Processing Unit of the Office of 

Special Masters.

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic 

Government Services). This means the Decision will be available to anyone with access to the 

internet. 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, I agree that the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).

3 Medical records reflect that Petitioner received the Tdap vaccine rather than the DTaP vaccine. Ex 1 at 

7.
2

On November 3, 2021, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for a right SIRVA. On December 8, 2021, Respondent filed a 

proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded 

$51,110.60. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees 

with the proffered award. Id. Based on the record as a whole, I find that Petitioner is 

entitled to an award as stated in the Proffer.4

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $51,110.60 in the form of a check payable to Petitioner. This award 

consists of: (1) $50,000.00 in pain and suffering and (2) $1,110.60 for past 

unreimbursable expenses. Id.

These amounts represent compensation for all damages that would be available 

under Section 15(a). 

The clerk of the court is directed to enter judgment in accordance with this 

decision.5

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

4 As noted in the Ruling on Entitlement, Petitioner also received Pneumovax, a pneumococcal 

polysaccharide vaccine, in her right shoulder on the same date as her Tdap and flu vaccinations. ECF 25 

at 1 n.4. Pneumovax is not a covered vaccine listed in the Vaccine Injury Table. See 42 C.F.R. § 100.3. 

Respondent indicates in the proffer that he has “concluded that compensation is appropriate in this case 

because [P]etitioner’s injury is consistent with SIRVA as a result of the flu and Tdap vaccines she received 

on October 11, 2018.” ECF 29 at 1 n.3. Pneumovax “was not included in this concession, and is not included 

in this proffer.” Id.

5 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 

PATRICIA G. HUSTEAD, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

Respondent. 

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No. 20-1212V 

Chief Special Master Corcoran 

ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

 On September 16, 2020, Patricia G. Hustead (“petitioner”) filed a petition for 

compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 

to -34 (“Vaccine Act” or “Act”), alleging that she suffered “a Table Injury of [the] [r]ight 

shoulder as a result of the influenza and DTaP1 vaccines . . . [she] received on October 11, 

2018.”2 Petition at 1. On November 3, 2021, the Secretary of Health and Human Services 

(“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded for a 

shoulder injury related to vaccine administration (“SIRVA”),3 and the Chief Special Master 

issued a Ruling on Entitlement finding petitioner entitled to compensation the same day. ECF 

No. 24; ECF No. 25. 

 

1

 Petitioner received a Tdap vaccine, not a DTaP vaccine. Exhibit (“Ex.”) 1 at 7. 

2

 Petitioner also received Pneumovax, which is a pneumococcal polysaccharide vaccine, in her 

right shoulder on the same date. Ex. 1 at 7. Pneumovax is not a covered vaccine listed in the 

Vaccine Injury Table (“Table”). See 42 C.F.R. § 100.3. 

3

 Respondent concluded that compensation is appropriate in this case because petitioner’s alleged 

injury is consistent with SIRVA as a result of the flu and Tdap vaccines she received on October 

11, 2018. As noted above, Pneumovax is not a covered vaccine listed in the Table, was not 

included in this concession, and is not included in this proffer. 
2 

I. Items of Compensation 

A. Pain and Suffering 

Respondent proffers that petitioner should be awarded $50,000.00 in actual pain and 

suffering. Petitioner agrees. 

B. Past Unreimbursable Expenses 

Evidence supplied by petitioner documents Patricia G. Hustead’s expenditure of past 

unreimbursable expenses related to her vaccine-related injury. Respondent now proffers that, 

based on the Chief Special Master’s entitlement decision and the evidence of record, petitioner 

should be awarded past unreimbursable expenses in the amount of $1,110.60, as provided under 

the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. 

These amounts represent all elements of compensation to which petitioner is entitled 

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

II. Form of the Award 

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

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

lump sum payment as described below and requests that the Chief Special Master’s decision and 

the Court’s judgment award the following4

: a lump sum payment of $51,110.60, representing 

compensation for pain and suffering ($50,000.00), and past unreimbursable expenses 

($1,110.60), in the form of a check payable to petitioner, Patricia G. Hustead. 

 

4

 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 lost earnings 

and future pain and suffering. 
3 

III. Summary of Recommended Payments Following Judgment 

 Lump sum payable to petitioner, Patricia G. Hustead: $ 51,110.60

Respectfully submitted, 

BRIAN M. BOYNTON 

Acting Assistant Attorney General 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

HEATHER L. PEARLMAN 

Deputy Director 

Torts Branch, Civil Division 

DARRYL R. WISHARD 

Assistant Director 

Torts Branch, Civil Division 

 

 s/ Sarah C. Duncan 

 SARAH C. DUNCAN 

 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) 514-9729 

Email: sarah.c.duncan@usdoj.gov 

DATED: December 8, 2021