In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1053V

UNPUBLISHED

SUSAN CAVALLARO,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 23, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.

Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for 

respondent.

DECISION AWARDING DAMAGES1

On July 28, 2018, Susan Cavallaro 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 should injury related to vaccine 

administration (SIRVA) in her right shoulder from an influenza (“flu”) vaccine 

administered on October 11, 2017. Petition at 1, 7. The case was assigned to the 

Special Processing Unit of the Office of Special Masters.

On August 9, 2019, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for right shoulder bursitis, which was caused-in-fact by the flu 

vaccination administered to Petitioner on October 11, 2017. Ruling on Entitlement at 2. 

On January 23, 2020, Respondent filed a proffer on award of compensation (“Proffer”)

 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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

indicating Petitioner should be awarded $159,601.32. Proffer at 1. 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 $159,601.32 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 CAVALLARO, )

)

) No. 18-1053V 

Petitioner, ) Chief Special Master Corcoran

) ECF

v. )

)

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. ) 

__________________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine-Related Items:

On August 9, 2019, respondent conceded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. On August 9, 2019, the Court issued a Ruling 

on Entitlement, finding petitioner entitled to vaccine compensation for a right shoulder bursitis, 

which was caused-in-fact by a flu vaccination administered to petitioner on October 11, 2017. 

Respondent proffers that, based on the evidence of record, petitioner, Susan Cavallaro, 

should be awarded $159,601.32, which amount represents $1,782.20 in compensation for lost 

earnings, $150,000.00 for actual and projected pain and suffering, and $7,819.12 for past 

unreimbursable expenses.1 This amount represents all elements of compensation to which 

petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 

1 This amount reflects that any award for projected pain and suffering has been reduced to net 

present value. See 42 U.S.C. § 300aa-15(f)(4)(A). 
2 

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment as 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 $159,601.32 in the form of a check payable to petitioner,

Susan Cavallaro. This amount accounts for all elements of compensation under 42 

U.S.C. § 300aa-15(a) to which petitioner would be entitled. 

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 

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division 

/S/GLENN A. MACLEOD 

GLENN A. MACLEOD

Senior Trial Counsel 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station

Washington, D.C. 20044-0146 

Dated: January 23, 2020 Tel: (202) 616-4122 

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.