In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1087V

UNPUBLISHED

MARIN TULLY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 23, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On July 25, 2018, Marin Tully 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 left shoulder injury related to vaccine

administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on

October 20, 2015. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

On July 9, 2019, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for her SIRVA. On January 22, 2020, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $77,352.75.

Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the 

 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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 ruling 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

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 Petitioner a lump 

sum payment of $77,352.75 in the form of a check payable to Petitioner. This 

amount represents 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.3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

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.
THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MARIN TULLY,

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 18-1087V

 Chief Special Master Corcoran

 ECF

PROFFER ON AWARD OF COMPENSATION

On July 8, 2019, respondent filed a Rule 4(c) Report, in which he conceded that 

petitioner sustained the onset of a left shoulder injury related to vaccine administration 

(“SIRVA”) within the time period set forth in the Vaccine Injury Table, following her receipt of 

an influenza (“flu”) vaccine administered on October 20, 2015. Docket No. 27. On July 9, 

2019, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to 

compensation. Docket No. 28.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that the Court should award petitioner a lump sum of $75,000.00 for 

her actual and projected pain and suffering. This amount reflects that the award for projected 

pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). 

Petitioner agrees.
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B. Past Unreimbursable Expenses

Respondent proffers that the Court should award petitioner a lump sum of $2,352.75 for 

past unreimbursable expenses, as provided under 42 U.S.C. § 300aa-15(a)(1)(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 of $77,352.75, in the form of a check payable to petitioner, which represents 

all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa15(a).1

 Petitioner agrees.

Respectfully submitted,

JOSEPH H. HUNT

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

 1

 Should petitioner die prior to the 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.
3

s/ Claudia B. Gangi

CLAUDIA B. GANGI

Senior 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) 616-4138

claudia.gangi@usdoj.gov

Dated: January 22, 2020