In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS 

No. 19-1780V 

UNPUBLISHED 

LISA B. VENDIOLA, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: February 8, 2021 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Complex 

Regional Pain Syndrome 

Dennis W. Potts, Honolulu, HI, for Petitioner. 

Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION AWARDING DAMAGES1

On November 19, 2019, Lisa B. Vendiola 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 from a right upper extremity brachial 

plexopathy that was caused by receipt of an influenza (“flu”) vaccine on April 7, 2017. 

Petition at 1. Petitioner further alleges that she suffered her vaccine-related injury for more 

than six months. Amended Petition at 1. The case was assigned to the Special Processing 

Unit of the Office of Special Masters. 

On November 5, 2020, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent 

states that while “Petitioner does not meet the Table criteria for a SIRVA because her 

injury was not limited to the shoulder in which the intramuscular vaccine was 

administered, but radiated distally down to her hand, the facts of the case do support a 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

CORRECTED
2

finding that petitioner more likely than not suffered CRPS [complex regional pain 

syndrome], that was caused-in-fact by the administration of the flu vaccination on April 7, 

2017.” Id. at 4-5 

On February 8, 2021, Respondent filed a proffer on award of compensation 

(“Proffer”) indicating Petitioner should be awarded a total of $125,000.00, consisting of 

$99,785.39 in pain and suffering, and $25,214.61 for lost earnings she incurred related 

to her vaccine-related injury. 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 $125,000.00, (consisting of $99,785.39 in pain and suffering and 

$25,214.61 for lost earnings she incurred related to her vaccine-related injury) 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

LISA B. VENDIOLA,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 19-1780V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On November 19, 2019, Lisa B. Vendiola (“petitioner”) filed a petition for compensation 

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 

(“Vaccine Act” or “Act”), alleging that she suffered from upper brachial plexopathy following

administration of an influenza (“flu”) vaccine she received on April 7, 2017.

1

 Petition at 1, 4-5. 

On October 30, 2020, 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

for chronic regional pain syndrome (“CRPS”), and on November 5, 2020, the Chief Special 

Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 29; 

ECF No. 30.

 1 Petitioner subsequently amended her petition on July 14, 2020, alleging that she suffered from 

shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving the April 7, 

2017 flu vaccine.
2

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $99,785.39 in pain and suffering. 

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

B. Lost Earnings

Evidence supplied by petitioner documents that she incurred lost earnings related to her 

vaccine-related injury. Respondent proffers that petitioner should be awarded lost earnings in 

the amount of $25,214.61. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

These amounts represent all elements of compensation to which petitioner is 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 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 $125,000.00, in the form of 

a check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Lisa B. Vendiola: $125,000.00

Respectfully submitted, 

BRIAN M. BOYNTON

Acting Assistant Attorney General 

 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 lost earnings 

and future pain and suffering.
3

C. SALVATORE D’ALESSIO

Acting Director 

Torts Branch, Civil Division 

HEATHER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division 

DARRYL R. WISHARD

Assistant Director 

Torts Branch, Civil Division

/s/ Mollie D. Gorney 

MOLLIE D. GORNEY

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

(202) 616-4029

mollie.d.gorney@usdoj.gov

DATED: February 8, 2021