In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1165V

UNPUBLISHED

HOLLY REYNOLDS,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: May 11, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Tetanus Diphtheria acellular 

Pertussis (Tdap) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On September 9, 2020, Holly Reynolds 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”), a defined Table Injury, after receiving the tetanus, diphtheria, 

and pertussis (“Tdap”) vaccine on October 24, 2018. Petition at 1, ¶ 2. The case was 

assigned to the Special Processing Unit of the Office of Special Masters.

On December 20, 2021, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for her SIRVA. On May 4, 2022, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $100,359.40, 

representing compensation in the amount of $100,000.00 for her actual pain and 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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).
2

suffering, $264.00 for her past unreimbursable expenses, and $95.40 for satisfaction of 

the State of Oregon Medicaid lien. 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 $100,359.40 as 

follows: 

1. A lump sum payment of $100,264.00, representing $100,000.00 for her actual 

pain and suffering and $264.00 for her actual unreimbursable expenses in 

the form of a check payable to Petitioner; and 

2. A lump sum payment of $95.40, representing reimbursement of a Medicaid 

lien for services rendered to Petitioner by the State of Oregon, in the form 

of a check payable jointly to Petitioner and to:

ODHS/Personal Injury Liens

# 503109

PO Box 14512

Salem, OR 97309

Proffer at 2-3. Petitioner agrees to endorse the check to Personal Injury Liens Unit (PIL)

for satisfaction of the Medicaid lien. This amount represents compensation for all items 

of damages that would be available under Section 15(a). Id. 

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

HOLLY REYNOLDS,

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 20-1165V

 Chief Special Master Corcoran

 ECF 

RESPONDENT’S REVISED PROFFER ON AWARD OF COMPENSATION

On September 9, 2020, Holly Reynolds (“petitioner”), filed a Petition for compensation 

under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or 

“the Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging that she suffered a shoulder injury related to 

vaccine administration (“SIRVA”) in her left shoulder as a result of a Tetanus, Diphtheria, and 

Acellular Pertussis (“Tdap”) vaccine administered on October 24, 2018. Petition (“Pet.”) at 1. 

On December 17, 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, 

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

compensation on December 20, 2021. ECF No. 26; ECF No. 28.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that Holly Reynolds should be awarded $100,000.00 in actual pain 

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

B. Past, Unreimbursible 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 $264.00 in past, unreimbursible expenses. See 42 U.S.C. § 300aa-15(a)(1)(B). 

Petitioner agrees.

C. Medicaid Lien

Respondent proffers that petitioner should be awarded funds to satisfy a State of Oregon

Medicaid lien in the amount of $95.40, which represents full satisfaction of any right of 

subrogation, assignment, claim, lien, or cause of action the State of Oregon may have against any 

individual as a result of any Medicaid payments the State of Oregon has made to or on behalf of 

petitioner from the date of her eligibility for benefits through the date of judgment in this case as 

a result of her alleged vaccine-related injury suffered on or about October 24, 2018, under Title 

XIX of the Social Security Act.

The above amounts represent all elements of compensation to which petitioner would be 

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 be made through two 

lump sum payments as described below: 

1) A lump sum payment of $100,264.00 in the form of a check payable to 

petitioner.1

 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

2) A lump sum payment of $95.40, representing compensation for satisfaction of the 

State of Oregon Medicaid lien, payable jointly to petitioner and to: 

ODHS/Personal Injury Liens

# 503109

PO Box 14512

Salem, OR 97309

Petitioner agrees to endorse this payment to Personal Injury Liens Unit (PIL) for 

satisfaction of the Medicaid lien.

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

Respectfully submitted,

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

HEATHER L. PEARLMAN

Deputy Director 

Torts Branch, Civil Division 

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/s/ Alexa Roggenkamp 

ALEXA ROGGENKAMP

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

(202) 616-4179

alexa.roggenkamp@usdoj.gov

DATED: May 4, 2022