In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-0906V

UNPUBLISHED

DANA SHERROD,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: August 3, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.

James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On June 20, 2019, Dana Sherrod 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 as a result of an 

influenza vaccination she received on September 25, 2017. Petition at ¶¶ 18-19. The case 

was assigned to the Special Processing Unit of the Office of Special Masters.

On June 30, 2022, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for her left shoulder injury. ECF No. 37. On August 2, 2022, Respondent 

filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be 

awarded $99,295.71 (comprised of $95,000.00 in pain and suffering and $4,295.71 in 

past unreimbursable expenses). Proffer at 1-2. In the Proffer, Respondent represented 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

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 $99,295.71 (comprised of $95,000.00 in pain and suffering and 

$4,295.71 in past unreimbursable expenses) in the form of a check payable to 

Petitioner. This amount represents compensation for all damages that would be available 

under Section 15(a). 

The Clerk of 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

___________________________________ 

)

DANA SHERROD, )

)

Petitioner, )

) No. 19-906V

v. ) Chief Special Master Brian H. Corcoran

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On June 20, 2019, Dana Sherrod (“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 

(“flu”) vaccine she received on September 25, 2017. On June 30, 2022, respondent filed an 

Amended Rule 4(c) Report electing not to defend this case and requesting a ruling on the record, 

in light of the Findings of Fact by the Chief Special Master on May 18, 2022. ECF Nos. 34, 36. 

On June 30, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner 

entitled to compensation. ECF No. 37.

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 $4,295.71. 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

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 following1: a lump sum payment of $99,295.71, in the form of a 

check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Dana Sherrod: $99,295.712 

Respectfully submitted, 

BRIAN M. BOYNTON

Principal Deputy 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 lost earnings 

and future pain and suffering.

2 The parties have no objection to the amount of the proffered award of damages. Assuming the 

Chief Special Master issues a damages decision in conformity with this proffer, the parties waive 

their right to seek review of such damages decision. However, respondent reserves his right, 

pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Chief Special Master’s entitlement 

decision.
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 James V. Lopez 

 James V. Lopez 

 Trial Attorney

 Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, D.C. 20044-0146

Tel: (202) 616-3655

Fax: (202) 616-4310

Email: james.lopez@usdoj.gov

Date: August 2, 2022