In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-0103V

UNPUBLISHED

M.A.,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: July 28, 2020

Refiled as Redacted: August 21, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Jane Ann Morrow, Otorowski, Johnston, et. al, Bainbridge Island, WA, for petitioner.

Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On January 22, 2018, M.A. 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 he suffered shoulder injuries caused in fact by the influenza 

vaccination he received on October 4, 2016. Petition at 1, ¶ 2. Petitioner further alleges 

that he received the vaccination in the United States, continues to suffer the residual 

effects of his injuries, and that neither he nor any other party has filed a civil action or 

received compensation for his injuries alleged as vaccine caused. Id. at ¶¶ 2, 7, 11-12. 

The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 1, 2019, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for his shoulder injuries. On July 27, 2020, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded the following:

1 When this decision was originally filed, I advised my intent 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 filed a timely motion to redact certain information. This decision is being posted with Petitioner’s 

name redacted to reflect his initials only. Except for those changes and this footnote, no other substantive 

changes have been made. This decision will be posted on the court’s website with no further opportunity to 

move for redaction.

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

A. All items of compensation identified in the joint life care plan entitled Appendix 

A which is attached to the Proffer as Tab A; 

B. The amount of $95,000.00, representing compensation for Petitioner’s actual

and projected3 pain and suffering; and

C. The amount of $4,706.00, representing compensation for Petitioner’s actual 

unreimbursable expenses.

Proffer at 1-2. 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.

Pursuant to the terms stated in the attached Proffer, I award the following:

A. A lump sum in the amount of $105,906.00, representing compensation in 

the amounts of $6,200.00 for life care expenses in the first year after 

judgment, $95,000.00 for actual pain and projected pain and suffering, 

and $4,706.00 for actual unreimburseable expenses in the form of a 

check payable Petitioner; and

B. An amount sufficient to purchase the annuity contract as described in 

Section II.B. of the Proffer.

These amounts represent compensation for all damages that would be available under § 

15(a). 

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

decision.4

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 The Proffer states that the portion of this award representing Petitioner’s projected pain and suffering has 

been reduced to the net present value. Proffer at 2; see § 15(f)(4)(A) (requiring a reduction to net present 

value for future compensation being currently paid).

4 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

M A , 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 18-103V 

 Chief Special Master Corcoran

 ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 On January 22, 2018, M A (“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 he suffered shoulder injuries following administration of 

an influenza vaccine he received on October 4, 2016. Petition at 1. On March 1, 2019, the 

Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that 

this case is appropriate for compensation under the terms of the Act for a Shoulder Injury 

Resulting from Vaccine Administration (SIRVA) Table injury, and on March 1, 2019, the Court 

issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 27; ECF 

No. 28. 

I. Items of Compensation 

A. Life Care Items

 Respondent engaged life care planner Linda Curtis, RN MS, CNLCP, CCM, and 

petitioner engaged Cloie B. Johnson, M.Ed., ABVE, CCM, to provide an estimation of 

petitioner’s future vaccine-injury related needs. For the purposes of this proffer, the term 
2 

“vaccine related” is as described in the respondent’s Rule 4(c) Report. All items of 

compensation identified in the life care plan are supported by the evidence, and are illustrated by 

the chart entitled Appendix A: Items of Compensation for M A , attached hereto as 

Tab A.1

 Respondent proffers that petitioner should be awarded all items of compensation set 

forth in the life care plan and illustrated by the chart attached at Tab A. Petitioner agrees. 

 B. Pain and Suffering 

 Respondent proffers that petitioner should be awarded $95,000.00 in actual and projected 

pain and suffering. This amount reflects that any award for projected pain and suffering has 

been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

 C. Past Unreimbursable Expenses

 Evidence supplied by petitioner documents his expenditure of past unreimbursable 

expenses related to his vaccine-related injury. Respondent proffers that petitioner should be 

awarded past unreimbursable expenses in the amount of $4,706.00. Petitioner agrees. 

II. Form of the Award 

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

through a combination of lump sum payments and future annuity payments as described below, 

and request that the Special Master’s decision and the Court’s judgment award the following:2

 A. A lump sum payment of $105,906.00, representing compensation for life care 

expenses expected to be incurred during the first year after judgment ($6,200.00), pain and 

 1

 The chart at Tab A illustrates the annual benefits provided by the life care plan. The 

annual benefit years run from the date of judgment up to the first anniversary of the date of 

judgment, and every year thereafter up to the anniversary of the date of judgment. 

2

 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 

medical expenses, future lost earnings, and future pain and suffering.
3 

suffering ($95,000.00), and past unreimbursable expenses ($4,706.00), in the form of a check 

payable to petitioner, M A . 

 B. An amount sufficient to purchase an annuity contract,3

 subject to the conditions 

described below, that will provide payments for the life care items contained in the life care plan, 

as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company4 from

which the annuity will be purchased.5 Compensation for Year Two (beginning on the first 

anniversary of the date of judgment) and all subsequent years shall be provided through 

respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner, 

M A only so long as petitioner is alive at the time a particular payment is due. At the 

Secretary’s sole discretion, the periodic payments may be provided to petitioner in monthly, 

quarterly, annual or other installments. The “annual amounts” set forth in the chart at Tab A 

describe only the total yearly sum to be paid to petitioner and do not require that the payment be 

made in one annual installment.

 3

 In respondent’s discretion, respondent may purchase one or more annuity contracts 

from one or more life insurance companies. 

4

 The Life Insurance Company must have a minimum of $250,000,000 capital and 

surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company 

must have one of the following ratings from two of the following rating organizations: 

a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; 

b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa; 

c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, 

AA, AA+, or AAA;

d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability 

Rating: AA-, AA, AA+, or AAA. 

5 

 Respectfully submitted,

 ETHAN P. DAVIS 

Acting Assistant Attorney General

 

 C. SALVATORE D’ALESSIO

 Acting Director 

 Torts Branch, Civil Division 

 CATHARINE E. REEVES

Deputy Director

 Torts Branch, Civil Division 

 

 ALEXIS B. BABCOCK

 Assistant Director 

 Torts Branch, Civil Division 

s/Linda S. Renzi 

 LINDA S. RENZI

Senior Trial Counsel 

Torts Branch, Civil Division 

U. S. Department of Justice 

P.O. Box l46, Benjamin Franklin Station 

Washington, D.C. 20044-0146 

Tel: (202) 616-4133 

Dated: July 27, 2020 
Appendix A: Items of Compensation for M A Page 1 of 1

ITEMS OF COMPENSATION G.R. * M

Lump Sum 

Compensation 

Year 1

Compensation 

Years 2-5

Compensation 

Years 6-9

Compensation 

Years 10-Life

2020 2021-2024 2025-2028 2029-Life

Insurance MOP 5% 3,500.00 3,500.00

Medicare Supp F 5% M 2,925.00

Psych Eval 5% * 120.00

Physiatry Eval 4% * 240.00

PT Eval 4% * 180.00

Massage Therapy 4% *

Acupuncture 4% *

SPECT CT Scan 5% *

EMG/NCS 5% *

Ultrasound & EMG Guidance 5% *

Therapeutic Ultrasound 5% *

Microcurrent Electro-therapy 5% *

Axillary Nerve Block 5% *

Ancillary Services 4% M 2,700.00 2,700.00 2,700.00 2,700.00

Pain and Suffering 95,000.00

Past Unreimbursable Expenses 4,706.00

Annual Totals 105,906.00 6,200.00 3,240.00 5,625.00

Note: Compensation Year 1 consists of the 12 month period following the date of judgment.

Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.

As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care 

expenses ($6,200.00), pain and suffering ($95,000.00), and past unreimbursable expenses ($4,706.00): $105,906.00.

Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.

Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment

Items denoted with an asterisk (*) covered by health insurance and/or Medicare.

Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.