In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-342V

UNPUBLISHED

DONNA LEEP,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: September 2, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On March 25, 2020, Donna Leep 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 

administration (SIRVA) after receiving an influenza (“flu”) vaccination on October 11, 

2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office 

of Special Masters.

On July 19, 2021, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for a left SIRVA. On September 1, 2021, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $110,302.68.

Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

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 $110,302.68 in the form of a check payable to Petitioner. This award 

is comprised of $110,000.00 for pain and suffering and $302.68 for past unreimbursable 

out-of-pocket medical expenses.

These amounts represent compensation for all damages that would be available 

under Section 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

DONNA LEEP, )

 )

Petitioner, ) No. 20-342V

) Chief Special Master 

v. ) Brian H. Corcoran

) SPU 

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On March 25, 2020, Donna Leep (“petitioner”) filed a petition for compensation under 

the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the 

Act”), 42 U.S.C. §§ 300aa-1 to -34. Respondent conceded petitioner’s entitlement to 

compensation in his Rule 4(c) Report filed on July 14, 2021. (ECF No. 26) Based on 

Respondent’s Rule 4(c) Report, on July 19, 2021, Chief Special Master Corcoran found 

petitioner entitled to compensation for her left shoulder SIRVA injury. (ECF No. 27) 

I. Items of Compensation 

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

$110,302.68. The award is comprised of $110,000.00 for pain and suffering, and $302.68 for 

past unreimbursable out-of-pocket medical expenses. This 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

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $ $110,302.68, in the form of a check made payable to 
petitioner. 1

 Petitioner agrees.

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

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

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

 s/Althea Walker Davis 

ALTHEA WALKER DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Tel: (202) 616-0515

Althea.Davis@usdoj.gov

DATED: September 1, 2021

 1

 Should petitioner die prior to the 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.