In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 19-1622V 

UNPUBLISHED 

DONNA R. RANDS, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: June 25, 2021 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA) 

 

Kelly Danielle Burdette, Burdette Law, PLLC, North Bend, WA, for Petitioner. 

Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION AWARDING DAMAGES1

 On October 17, 2019, Donna R. Rands 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 right shoulder injury related to 

vaccine administration (“SIRVA”) as a result of an influenza vaccine administered on 

September 24, 2018. Petition at 1. Petitioner further alleges that she suffered the residual 

effects of her injury for more than six months. Petition at 3. The case was assigned to the 

Special Processing Unit of the Office of Special Masters. 

On March 16, 2021, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for SIRVA. On June 24, 2021, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $55,000.00 in actual 

pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

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 $55,000.00 (in actual pain and suffering), 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________

)

DONNA R. RANDS, )

)

Petitioner, )

) No. 19-1622V(ECF)

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. )

____________________________________) 

 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 17, 2019, Donna R. Rands (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. Petitioner alleged that she suffered a Shoulder Injury 

Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine 

administered to her on September 24, 2018. Petition at 1. On March 12, 2021, the Secretary of 

Health and Human Services (“respondent”) filed a Rule 4(c) Report recommending that 

compensation be awarded, and the Chief Special Master issued a Ruling on Entitlement finding 

petitioner entitled to compensation on March 16, 2021. ECF No. 23; ECF No. 25. 

Items of Compensation

Pain and Suffering

Respondent proffers that petitioner should be awarded $55,000.00 in actual pain and 

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

Form of the Award

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

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 following: a lump sum payment of $55,000.00, representing 

compensation for actual pain and suffering, in the form of a check payable to petitioner, Donna 

R. Rands. Petitioner agrees. 

Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Donna R. Rands: $ 55,000.00

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/ Kimberly S. Davey 

KIMBERLY S. DAVEY

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) 307-1815

Kimberly.Davey@usdoj.gov

DATED: June 24, 2021