# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1795 V

UNPUBLISHED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 DAMAGES 1

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, 20 19

, a ruling on entitlement was issued , finding P etitioner

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

, R espondent filed a

p roffer on a ward of compensation (“Proffer”) indicating P etitioner 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am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 E

Government 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 o f 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 poc ket expenses. Id

. In the

Proffer, R espondent represented that P etitioner agrees with the proffered award. Id.

Based on the record as a whole, I find that P etitioner is entitled to an award as stated in

the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 100,779.97 in the form of a check payable to P etitioner

. This

amount represents compensation for all damages that w ould 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. )

)

)

)

)

)

)

)

)

)

)

)

) No. 18

- 1 79 5V

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

. Th is amount represent s 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. Petitioneragrees.

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