In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1795V

UNPUBLISHED

ASHLEY CORN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: April 28, 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.

Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On November 20, 2018, Ashley Corn 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 right Shoulder Injury Related to 

Vaccine Administration (SIRVA) as a result of an influenza (“flu”) vaccine administered 

to her on October 24, 2017. Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

On December 13, 2019, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for a right SIRVA. On April 28, 2020, Respondent filed a 

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

$100,779.97. Proffer at 1. The award is comprised of the following: $95,000.00 for pain 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

and suffering and $5,779.97 for unreimbursable out of pocket expenses. Id. 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 $100,779.97 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

ASHLEY CORN,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 18-1795V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On December 5, 2019, respondent conceded that entitlement to compensation was 

appropriate under the terms of the Vaccine Act. ECF No. 23. Thereafter, on Decmeber 13, 

2019, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was 

entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration 

(“SIRVA”). ECF No. 24.

I. Items of Compensation

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

$100,779.97. The award is comprised of the following: $95,000.00 for pain and suffering and 

$5,779.97 for unreimbursable out of pocket expenses. This amount represents all elements of 

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

agrees. 

II. Form of the Award

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

a lump sum payment of $100,779.97, in the form of a check payable to petitioner. Petitioner 
agrees.

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

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/s/ LYNN C. SCHLIE 

Lynn C. Schlie

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) 616-3667

Fax: (202) 616-4310

Dated: April 28, 2020