In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1939V

UNPUBLISHED

CYNTHIA ALEXANDER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: June 4, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner.

Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On December 13, 2017, Cynthia Alexander 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 Shoulder Injury Related 

to Vaccine Administration (“SIRVA”) as a result of her December 19, 2016 influneza 

(“flu”) vaccine. Petition at 1. The case was assigned to the Special Processing Unit of 

the Office of Special Masters.

On September 17, 2019, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On June 3, 2020, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $112,803.13 

(comprised of $105,000.00 for pain and suffering and $7,803.13 in unreimbursable 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

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 Petitioner a lump 

sum payment of $112,803.13 (comprised of $105,000.00 for pain and suffering and 

$7,803.13 in unreimbursable expenses) 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

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

CYNTHIA ALEXANDER, *

*

Petitioner, *

*

v. * No. 17-1939V (ECF)

* CHIEF SPECIAL MASTER 

* BRIAN H. CORCORAN

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On September 12, 2019, respondent filed a Vaccine Rule 4(c) report concluding that 

petitioner suffered an injury (SIRVA) that is compensable under the National Childhood Vaccine 

Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34. Accordingly, on September 17, 

2019, Special Master Dorsey issued a Ruling on Entitlement, finding petitioner, Cynthia 

Alexander, entitled to Vaccine Act compensation for her Table SIRVA injury.

I. Amount of Compensation 

Respondent now proffers that, based on the Special Master’s entitlement decision and the 

evidence of record, petitioner should be awarded $112,803.13.

1

 This amount represents all 

elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).

Petitioner agrees. 

 1 The parties have no objection to the amount of the proffered award of damages. Assuming the 

special master issues a damages decision in conformity with this proffer, the parties waive their 

right to seek review of such damages decision.
2

II. Items of Compensation and Form of the Award

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

through a lump sum payment described below, and request that the Chief Special Master’s 

damages decision and the Court’s judgment award the following: 2

A. Petitioner’s Damages

A lump sum payment of $112,803.13 (comprised of $105,000.00 for pain and suffering 

and $7,803.13 in unreimbursable expenses) in the form of a check payable to petitioner, Cynthia 

Alexander. 

B. Guardianship 

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

 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 pain and suffering, and future lost wages.
3

/s/ DHAIRYA D. JANI 

DHAIRYA D. JANI

Trial Attorney

U.S. Department of Justice

Torts Branch, Civil Division

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Tel: (202) 616-4356

Dated: June 3, 2020