In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1377V

UNPUBLISHED

KIM BOYER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: April 2, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.

Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On September 10, 2019, Kim Boyer 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”) caused by an influenza (“flu”) vaccine administered on October 

12, 2017. Petition at 1. Petitioner further alleges that the vaccine was administered within 

the United States, that he suffered the effects of his injury for six months or more, and 

that there has been no award or settlement for his injury. Petition at 1, 5-6. The case was 

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

On February 22, 2021, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for a SIRVA. On April 1, 2021, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $110,220.25

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

consisting of $110,000.00 for pain and suffering, and $220.25 for out-of-pocket expenses.

Proffer at 1. 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 $110,220.25 consisting of $110,000.00 for pain and suffering, and 

$220.25 for out-of-pocket 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

____________________________________

)

KIM BOYER, )

)

Petitioner, )

) No. 19-1377V

v. ) Chief Special Master Corcoran

) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. )

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Procedural History

On February 19, 2021, respondent filed a Vaccine Rule 4(c) report concluding that 

petitioner sustained the onset of a left shoulder injury related to vaccine administration 

(“SIRVA”) within the Table time period following an influenza vaccine, and therefore sustained 

an injury that is compensable under the terms of the National Childhood Vaccine Injury Act of 

1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on February 22, 2021, the Chief 

Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine 

compensation for SIRVA following the influenza vaccine she received on October 12, 2017.

II. Items of Compensation

Respondent proffers that petitioner should be awarded $110,000.00 for pain and suffering

and $220.25 for out-of-pocket expenses. 

This represents all elements of compensation to which petitioner is entitled under 42 

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

III. 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 $110,220.25, in the form of 

a check payable to petitioner. 

IV. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Kim Boyer: $110,220.25

Respectfully submitted, 

BRIAN M. BOYNTON

Acting Assistant Attorney General 

C. SALVATORE D’ALESSIO

Acting Director 

Torts Branch, Civil Division 

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division 

ALEXIS B. BABCOCK

Assistant Director 

Torts Branch, Civil Division

 

s/Christine Mary Becer

CHRISTINE MARY BECER

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) 616-3665

DATED: April 1, 2021

 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 pain and 

suffering.