In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1538V

UNPUBLISHED

HELENA MCHALE,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: September 16, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for 

Petitioner.

Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On November 6, 2020, Helena McHale 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 shoulder injury related to vaccine 

injury (“SIRVA”), a defined Table injury, after receiving the influenza vaccine on October 

8, 2019. Petition at 1, ¶¶ 2, 23. The case was assigned to the Special Processing Unit of 

the Office of Special Masters.

On July 22, 2022, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for her SIRVA. On September 16, 2022, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $62,500.00 for 

her pain and suffering and $225.02 for satisfaction of the Saratoga County Department 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

of Social Services Medicaid lien. Proffer at 1-2. 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 $62,725.02 as 

follows: 

1. A lump sum payment of $62,500.00 in the form of a check payable to 

Petitioner; and 

2. A lump sum payment of $225.02, representing reimbursement of a Medicaid 

lien for services rendered to Petitioner by the Saratoga County Department 

of Social Services, in the form of a check payable jointly to Petitioner and

Saratoga County Department of Social Services, and mailed to:

Saratoga County Department of Social Services

152 West High Street

Ballston Spa, New York 12020

Proffer at 2. Petitioner agrees to endorse the check to Saratoga County Department of 

Social Services for satisfaction of the Medicaid lien. This amount represents 

compensation for all items of damages that would be available under Section 15(a). Id. 

The Clerk of 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 

___________________________________ 

 ) 

HELENA MCHALE, ) 

 ) No. 20-1538V ECF 

 Petitioner, ) Chief Special Master Corcoran 

 ) ECF 

 v. ) 

 ) 

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1

On November 6, 2020, Helena McHale (“petitioner”) filed a petition for compensation 

(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 

to - 34, as amended. She alleges that she sustained a Shoulder Injury Related to Vaccine 

Administration (“SIRVA”), as defined in the Vaccine Injury Table, within the Table time period 

following administration of an influenza (“flu”) vaccine she received on October 8, 2019. See

Petition. On July 22, 2022, respondent filed his Vaccine Rule 4(c) report, indicating that this 

case is appropriate for compensation under the terms of the Act for a SIRVA Table injury. ECF 

No. 35. On July 22, 2022, the Chief Special Master issued a ruling on entitlement, finding that 

petitioner was entitled to compensation for a SIRVA Table injury. ECF No. 37. 

I. Compensation for Vaccine Injury-Related Items 

A. Pain and Suffering 

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

a lump sum of $62,500.00 for pain and suffering, in the form of a check payable to petitioner. 

Petitioner agrees. 

1

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

the Damages Decision is issued. 
2 

B. Medicaid Lien 

Respondent proffers that petitioner should be awarded funds to satisfy the Saratoga 

County Department of Social Services Medicaid lien in the amount of $225.02, which represents 

full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the 

Saratoga County Department of Social Services may have against any individual as a result of 

any Medicaid payments Saratoga County Department of Social Services has made to or on 

behalf of petitioner from the date of her eligibility for benefits through the date of judgment in 

this case as a result of her alleged vaccine-related injury suffered on or about October 8, 2019, 

under Title XIX of the Social Security Act. 

The above amounts represent 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 

two lump sum payments described below, and request that the Chief Special Master’s decision 

and the Court’s judgment award the following: 2

A. A lump sum payment of $62,500.00 in the form of a check payable to petitioner; and 

B. A lump sum payment of $225.02, representing compensation for satisfaction of 

Saratoga County Department of Social Services Medicaid lien, in the form of a check 

payable jointly to petitioner and: 

Saratoga County Department of Social Services 

152 West High Street 

Ballston Spa, New York 12020 

Petitioner agrees to endorse the check to Saratoga County Department of Social Services 

for satisfaction of the Medicaid lien. 

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 pain and suffering, and future lost wages. 
3 

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

 Respectfully submitted, 

 BRIAN M. BOYNTON 

 Principal Deputy Assistant Attorney General 

 

C. SALVATORE D’ALESSIO 

 Acting Director 

 Torts Branch, Civil Division 

 

 HEATHER L. PEARLMAN 

 Deputy Director 

 Torts Branch, Civil Division 

 LARA A. ENGLUND 

Assistant Director 

Torts Branch, Civil Division 

s/ Tyler C. King 

 TYLER C. KING 

 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) 305-0730 

Tyler.King@usdoj.gov 

Dated: September 16, 2022