In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1613V

UNPUBLISHED

MELISSA HEFFLEY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: July 23, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.

Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On October 16, 2019, Melissa Heffley filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

2

(the 

“Vaccine Act”). On July 14, 2021, Petitioner filed an amended petition. In the amended 

petition, Petitioner alleges that she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza vaccine received on December 7, 

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

the Office of Special Masters.

On July 23, 2021, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for SIRVA. On July 23, 2021, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $52,500.00 for pain and 

suffering and $285.64 to satisfy the State of Washington Medicaid lien. Proffer at 1-2. In 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

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 the 

following:

• A lump sum payment of $52,500.00 in the form of a check payable to 

Petitioner; and

• A lump sum payment of $285.64, representing compensation for satisfaction 

of the State of Washington Medicaid lien, in the form of a check payable 

jointly to Petitioner and:

OPTUM

Washington Apple Health (File #41037221)

L-3994

Columbus, OH 43260-3994

Tax ID: 41-1858498

Petitioner agrees to endorse the check in the amount of $285.64 for satisfaction of 

the Medicaid lien. 

These amounts represent compensation for all elements of compensation 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

MELISSA HEFFLEY, 

Petitioner,

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent. 

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No. 19-1613V 

Chief Special Master Corcoran

ECF

PROFFER ON AWARD OF COMPENSATION

On May 24, 2021, respondent filed a Vaccine Rule 4(c) report concluding that petitioner 

suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, 

as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to vaccine 

administration (“SIRVA”), as defined in the Vaccine Injury Table. ECF No. 19. Accordingly, 

on July 23, 2021, the Chief Special Master issued a Ruling on Entitlement. ECF No. 23. 

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 $52,500.00, for pain and suffering, in the form of a check payable to petitioner. 

Petitioner agrees. 

B. Medicaid Lien

Respondent proffers that petitioner should be awarded funds to satisfy the State of 

Washington Medicaid lien in the amount of $285.64, which represents full satisfaction of any 

right of subrogation, assignment, claim, lien, or cause of action the State of Washington may 
2 

have against any individual as a result of any Medicaid payments the State of Washington 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 

December 7, 2017 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: 1

A. A lump sum payment of $52,500.00 in the form of a check payable to petitioner; and 

B. A lump sum payment of $285.64, representing compensation for satisfaction of the 

State of Washington Medicaid lien, in the form of a check payable jointly to 

petitioner and: 

 

OPTUM

Washington Apple Health (File #: 41037221) 

L-3994 

Columbus, OH 43260-3994 

Tax ID: 41-1858498 

Petitioner agrees to endorse the check in the amount of $285.64 for satisfaction of the 

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

case. 

 Respectfully submitted,

 BRIAN M. BOYNTON

Acting Assistant Attorney General

 

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 medical 

expenses, future pain and suffering, and future lost wages. 
3 

 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/Camille M. Collett

CAMILLE M. COLLETT

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) 616-4098 

 E-mail: Camille.M.Collett@usdoj.gov

DATED: July 23, 2021