In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0443V

UNPUBLISHED

BRENDA HELMANDOLLAR, 

Administrator of ESTATE OF JOHN 

HELMANDOLLAR,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: February 2, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine;; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for 

Respondent.

DECISION AWARDING DAMAGES1

On April 15, 2020, Brenda Helmandollar, administrator of the estate of John 

Helmandollar, 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 Mr. Helmandollar suffered a left shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza vaccine received on September 23, 

2018. Petition at 1. Petitioner further alleges the vaccine was received in the United States 

and Mr. Helmandollar’s injuries lasted more than six months. Petition at ¶¶ 2, 10.

Petitioner filed an affidavit averring that she has never received an award or settlement 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

for Mr. Helmandollar’s vaccine injuries, nor has she filed a civil action. Ex. 8. The case 

was assigned to the Special Processing Unit of the Office of Special Masters.

On January 26, 2022, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for SIRVA. On February 1, 2022, Respondent filed a proffer on award 

of compensation (“Proffer”) indicating Petitioner should be awarded $52,500.00. 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.

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

sum payment of $52,500.00 in the form of a check payable to Petitioner. This amount

represents compensation for all damages that would be available under Section 15(a). 

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

BRENDA HELMANDOLLAR, Administrator 

of the Estate of JOHN HELMANDOLLAR, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

Respondent.

No. 20-443V 

Chief Special Master Corcoran

SPU

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Procedural History and Items of Compensation 

On January 26, 2022, the Court entered its “Ruling on Entitlement,” (ECF Doc. 30) 

finding petitioner entitled to compensation, consistent with the recommendation in respondent’s 

January 25, 2022 Rule 4(c) Report. ECF Doc. 28. Specifically, under the Vaccine Injury Table, 

decedent John Helmandollar suffered from a shoulder injury related to vaccine administration 

(“SIRVA”) presumptively as the result of an influenza vaccination. Respondent now proffers 

that petitioner be awarded a lump sum of $52,500.00 for all damages available pursuant to 42 

U.S.C. § 300aa-15(a). 

Petitioner represents that she presently is, or within 90 days of the date of judgment will 

become, duly authorized to serve as the administrator/executor of the Estate of John 

Helmandollar under the laws of the state of Kansas. Respondent’s proffer is contingent on the 

following: No payments pursuant to this proffer shall be made until petitioner provides the 

Secretary with documentation establishing her appointment as administrator/executor of the 

Estate of John Helmandollar. If petitioner is not authorized by a court of competent jurisdiction 
to serve as administrator/executor of the Estate of John Helmandollar at the time the payment 

pursuant to this proffer is to be made, the payment shall be paid to the party or parties appointed 

by a court of competent jurisdiction to serve as administrator/executor of the Estate of John 

Helmandollar upon submission of written documentation of such appointment to the Secretary. 

Petitioner has reviewed the foregoing and agrees with the proffered award of 

$52,500.00.1

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division 

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division 

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

 s/ Mallori B. Openchowski 

 MALLORI B. OPENCHOWSKI

Trial Attorney

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146, Ben Franklin Station 

 Washington, DC 20044-0146 

 Tel.: (202) 305-0660 

 mallori.b.openchowski@usdoj.gov 

DATED: February 1, 2022 

 

1

 This proffer does not include any award for attorneys’ fees and costs that may be awarded 

pursuant to 42 U.S.C. § 300aa-15(e).