In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1673V

UNPUBLISHED

SUSAN FITZGERALD,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: August 2, 2021

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.

Nancy Tinch, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On October 29, 2019, Susan Fitzgerald 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 left shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza vaccine received on October 31, 

2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office 

of Special Masters.

On May 18, 2021, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for SIRVA. On July 30, 2021, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $95,205.12. Proffer at 

2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

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 $95,205.12 (comprised of $95,000.00 for pain and suffering and 

$205.12 for past unreimbursable expenses) 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.
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

SUSAN FITZGERALD, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 19-1673V 

 Chief Special Master Corcoran

 

 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 29, 2019, Susan Fitzgerald (“petitioner”) filed a petition for compensation 

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 

(“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine 

Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of 

an influenza vaccine she received on October 31, 2017. Petition (“Pet.”) at 1. On May 17, 2021, 

the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating 

that this case is appropriate for compensation under the terms of the Act for a SIRVA Table 

injury, and on May 18, 2021, the Chief Special Master issued a Ruling on Entitlement finding 

petitioner entitled to compensation. ECF No. 21. 

I. Items of Compensation 

A. Pain and Suffering 

Respondent proffers that petitioner should be awarded $95,000.00 in pain and suffering. 

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
2 

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable 

expenses related to her vaccine-related injury. Respondent proffers that petitioner should be 

awarded past unreimbursable expenses in the amount of $205.12. See 42 U.S.C. § 300aa15(a)(1)(B). Petitioner agrees.

These amounts represent all elements of compensation to which petitioner is 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 as described below and requests that the Chief Special Master’s 

decision and the Court’s judgment award the following1

: a lump sum payment of $95,205.12, in 

the form of a check payable to petitioner. 

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

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Susan Fitzgerald: $95,205.12 

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 

 

1

 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 lost earnings 

and future pain and suffering. 
3 

LARA A. ENGLUND

Assistant Director

Torts Branch, Civil Division 

/s/ NANCY O. TINCH

Nancy O. Tinch

Trial Attorney

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 Benjamin Franklin Station

Washington D.C. 20044-0146 

(202) 305-2078 

nancy.tinch@usdoj.gov 

Dated: July 30, 2021