In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 18-1305V 

UNPUBLISHED 

SUSAN ANN KUHN, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: August 17, 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. 

Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION AWARDING DAMAGES1

 On August 28, 2018, Susan Ann Kuhn 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 an influenza (“flu”) vaccine administered to her left 

shoulder on September 19, 2017. Petition at 1. Petitioner further alleges that her injury 

last for more than six months. Petition at 6. The case was assigned to the Special 

Processing Unit of the Office of Special Masters. 

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

compensation for SIRVA. On August 17, 2020, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $90,100.00 consisting 

of $90,000.00 in actual and projected pain and suffering, and $100.00 for past 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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). 
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unreimbursable expenses. Proffer at 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 $90,100.00 (consisting of $90,000.00 in actual and projected pain 

and suffering, and $100.00 for past 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

SUSAN ANN KUHN,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 18-1305V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On April 15, 2020, Chief Special Master Corcoran issued Findings of Fact, finding that 

the onset of petitioner’s left shoulder injury related to vaccine administration (“SIRVA”) 

occurred within 48 hours of vaccination. ECF No. 28 at 2, 7. On June 8, 2020, the Secretary of 

Health and Human Services (“respondent”) filed an Amended Vaccine Rule 4(c) Report advising 

that, in light of Chief Special Master Corcoran’s Findings of Fact ruling that the onset of 

petitioner’s left arm pain occurred within 48 hours of vaccination, and the medical evidence 

submitted in this case, respondent did not dispute that petitioner had satisfied all legal 

prerequisites for compensation under the Vaccine Act. ECF No. 30 at 2, 8-9. Thereafter, on 

June 10, 2020, Chief Special Master Corcoran entered a Ruling on Entitlement, finding 

petitioner, Susan Ann Kuhn, entitled to Vaccine Act compensation for her Table SIRVA injury. 

ECF No. 31.
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I. Items of Compensation

A. Pain and Suffering

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

and the evidence of record, Susan Ann Kuhn should be awarded $90,000.00 in 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.

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents Susan Ann Kuhn’s expenditure of past 

unreimbursable expenses related to her vaccine-related injury. Respondent now proffers that, 

based on the Chief Special Master’s entitlement decision and the evidence of record, petitioner 

should be awarded past unreimbursable expenses in the amount of $100.00, as provided under 

the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.1

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 Susan Ann Kuhn 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 following2: a lump sum payment of $90,100.00, 

 

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

Chief Special Master issues a damages decision in conformity with this proffer, the parties waive 

their right to seek review of such damages decision. However, respondent reserves his right, 

pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Chief Special Master’s June 10, 2020

entitlement decision.

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.
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representing compensation for pain and suffering ($90,000.00), and past unreimbursable 

expenses ($100.00), in the form of a check payable to petitioner, Susan Ann Kuhn.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Susan Ann Kuhn: $90,100.00

Respectfully submitted, 

ETHAN P. DAVIS

Acting Assistant Attorney General 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

CATHARINE E. REEVES 

Deputy Director 

Torts Branch, Civil Division 

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

s/ Sarah C. Duncan 

SARAH C. DUNCAN

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) 514-9729

Fax: (202) 616-4310

DATED: August 17, 2020