In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1928V

UNPUBLISHED

JILL CARPENTER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: May 20, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On December 17, 2018, Jill Carpenter 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 receiving an influenza (“flu”) vaccine on 

November 14, 2016. Petition at Preamble. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

On March 10, 2020, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for a left SIRVA. On May 19, 2020, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $61,271.29, 

including $60,000.00 in actual and projected pain and suffering and $1,271.29 in past 

unreimbursable expenses. Proffer at 1-2. In the Proffer, Respondent represented that 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

300aa (2012).
2

Petitioner agrees with the proffered award. Id. at 2. 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 $61,271.29 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.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JILL CARPENTER,

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 18-1928V

 Chief Special Master Corcoran

 ECF

PROFFER ON AWARD OF DAMAGES

On December 17, 2018, Jill Carpenter (“petitioner”) filed a petition for compensation 

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -

34 (“Vaccine Act” or “Act”), as amended. The Petition alleges that petitioner received an 

influenza (“flu”) vaccine on November 14, 2016, and that she subsequently suffered a Shoulder 

Injury Related to Vaccine Administration (“SIRVA”). Petition at Preamble. Respondent 

conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on February 11, 

2020. Based on Respondent’s Rule 4(c) Report the Court found petitioner entitled to 

compensation.

I. Items of Compensation 

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $60,000.00 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.
2

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents her expenditure of past unreimbursable 

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

awarded past unreimbursable expenses in the amount of $1,271.29. Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $61,271.29, in the form of a check made payable to petitioner.

1

This lump sum payment represents all elements of compensation to which petitioner would be 

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

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

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 

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

 s/Jennifer L. Reynaud 

JENNIFER L. REYNAUD

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) 305-1586

Date: May 19, 2020