In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0877V

UNPUBLISHED 

WANDA OLIVER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: December 22, 2021

Special Processing Unit (SPU);

Damages Decision on Proffer;

Concession; Table Injury; Influenza 

(Flu); Shoulder Injury Related to 

Vaccine Administration (SIRVA).

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON DAMAGES1

On July 17, 2020, Wanda Oliver 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 alleged that she suffered a right shoulder injury related to 

vaccine administration (SIRVA) after an influenza (“flu”) vaccine received on October 23, 

2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office 

of Special Masters.

On December 13, 2021, I issued a ruling that Petitioner was entitled to 

compensation for her SIRVA. ECF No. 31. On December 20, 2021, Respondent filed a 

proffer on an award of compensation, to which Petitioner agrees. ECF No. 33 (attached 

1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required 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 E-Government 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

hereto as Exhibit A). 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 $71,784.21 (representing $70,000.00 for pain and suffering, and 

$1,784.21 for past unreimbursable expenses). This amount represents 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.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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

*************************************

WANDA OLIVER, *

*

Petitioner, * No. 20-0877V 

* Chief Special Master Corcoran

v. *

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES, *

*

Respondent. *

************************************* 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On July 17, 2020, Wanda Oliver (“petitioner”) filed a Petition for Compensation 

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that she received an influenza 

(“flu”) vaccine on October 23, 2018, and that she subsequently suffered a right shoulder injury 

related to the vaccine administration (“SIRVA”) that meets the requirements of the Vaccine 

Injury Table for flu vaccine. Petition at 1. On December 13, 2021, 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 SIRVA Table injury, and on December 13, 

2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to 

compensation. ECF No. 30; ECF No. 31.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $70,000.00 in pain and suffering. 

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
2

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable 

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

awarded past unreimbursable expenses in the amount of $1,784.21. See 42 U.S.C. § 300aa15(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 following1: a lump sum payment of $71,784.21, in the form of a 

check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Wanda Oliver: $71,784.21.

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

 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 lost earnings 

and future pain and suffering.
3

MALLORI B. OPENCHOWSKI

Trial Attorney

Torts Branch, Civil Division

s/ JEREMY C. FUGATE

JEREMY C. FUGATE

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) 598-3831

Dated:December 20, 2021 Jeremy.Fugate2@usdoj.gov