In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-76V

UNPUBLISHED

MAXINE PAUL,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: May 18, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.

Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On January 15, 2019, Maxine Paul 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 SIRVA after receiving the flu 

vaccine on January 29, 2018. Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

On March 13, 2020, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for SIRVA. On May 15, 2020, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $47,500.00. 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.

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

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

sum payment of $47.500.00 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 

___________________________________ 

) 

MAXINE PAUL, ) 

)

Petitioner, ) 

) No. 19-76V 

v. ) Chief Special Master Corcoran 

) ECF 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

) 

Respondent. ) 

____________________________________) 

PROFFER ON AWARD OF COMPENSATION1

I. Procedural History

On January 15, 2019, Maxine Paul (“petitioner”) filed a Petition (“Petition”) for

compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. 

§§ 300aa-1 to -34 (“Vaccine Act”). Petitioner alleges that she suffered from a shoulder injury

related to vaccine administration (“SIRVA”) as a result of receiving an influenza vaccination in 

her left shoulder on January 29, 2018. Petition at 1. 

On March 11, 2020, respondent filed a Vaccine Rule 4(c) Report concluding that 

petitioner suffered a SIRVA as defined by the Vaccine Injury Table, and on March 13, 2020, the 

Court found petitioner entitled to compensation. 

II. Items of Compensation

The parties agree that based upon the evidence of record, petitioner is entitled to

compensation for actual pain and suffering. Therefore, respondent proffers that petitioner should 

1

 This Proffer does not include attorneys’ fees and costs, which the parties intend to discuss after 

the Damages Decision is issued. 
2 

be awarded actual pain and suffering damages as provided under the Vaccine Act, 42 U.S.C. § 

300aa-15(a)(4). Respondent proffers that the appropriate award for petitioner’s actual pain and 

suffering is $47,500.00. Petitioner agrees. 

III. Form of the Award

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 following:2

A lump sum payment of $47,500.00, representing compensation for actual pain and 

suffering, in the form of a check payable to petitioner. Petitioner agrees. 

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 

HEATHER L. PEARLMAN 

Assistant Director 

Torts Branch, Civil Division 

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 medical 

expenses, future lost earnings, and future pain and suffering. 
3 

s/ Robert P. Coleman III 

ROBERT P. COLEMAN III 

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) 305-0274 

Email: Robert.P.Coleman@usdoj.gov 

DATED: May 15, 2020