In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-959V

UNPUBLISHED

PATRICIA S TIEDEMAN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: June 8, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

David Alexander Tierney, Rawls Law Group, Richmond, VA, for petitioner.

Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On July 2, 2019, Patricia Tiedeman 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 chronic left arm and shoulder

pain and adhesive capsulitis as a result of an influenza (“flu”) vaccine administered on

November 2, 2017. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

On December 22, 2020, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for a SIRVA Table injury. On June 8, 2021, Respondent filed a 

proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded 

$80,000.00. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

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 $80,000.00 (representing compensation for pain and suffering) 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.
THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

PATRICIA S. TIEDEMAN, 

 

 Petitioner, 

 v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 19-959V 

 Chief Special Master Corcoran 

 ECF 

 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On December 7, 2020, respondent filed a Rule 4(c) Report conceding that petitioner’s 

claim meets the Table criteria for a SIRVA injury. On December 22, 2020, the Court issued a 

Ruling on Entitlement finding petitioner entitled to compensation under the Vaccine Act. 

I. Items of Compensation 

Based upon the evidence of record, respondent proffers that petitioner should be awarded 

the following, and requests that the Chief Special Master’s decision and the Court’s judgment 

award: 

a lump sum payment of $80,000.00, which represents compensation for pain and 

suffering, see 42 U.S.C. § 300aa-15(a)(4). 

 

This amount represents all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a).1

 Petitioner agrees. 

 

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 pain 

and suffering.
2 

II. Form of the Award 

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

Respondent recommends that petitioner be awarded a lump sum payment of $80,000.00, in the 

form of a check payable to petitioner. Petitioner agrees. 

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 

 

 /s/ DEBRA A. FILTEAU BEGLEY 

 DEBRA A. FILTEAU BEGLEY 

 Senior Trial Attorney 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

 Phone: (202) 616-4181 

Dated: June 8, 2021