In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1630V

UNPUBLISHED

KAYLEE NELSON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: April 9, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Hepatitis B (Hep B) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner.

Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On October 21, 2019, Kaylee Nelson 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 shoulder injury related to vaccine 

administration (SIRVA), resulting from the adverse effects of a Hepatitis B (Hep B)

vaccination she received on February 4, 2019. Petition at 1. Petitioner further alleges that 

the vaccination was received in the United States, her pain lasted longer than six months, 

and that neither Petitioner, nor any other party, has ever received compensation in the 

form of an award or settlement for Petitioner’s SIRVA. Petition at 1, 3. The case was 

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

On April 16, 2020, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for SIRVA. On April 8, 2021, Respondent filed a proffer on award of 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

compensation (“Proffer”) indicating Petitioner should be awarded $120,200.13. Proffer at 

2. 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 $120,200.13 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

KAYLEE NELSON, 

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

Respondent.

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No. 19-1630V 

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 21, 2019, Kaylee Nelson (“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 a 

Hepatitis B vaccine she received on February 4, 2019. Petition at 1. On April 16, 2020, 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 that same date, the Chief Special Master issued a Ruling on Entitlement finding petitioner 

entitled to compensation. ECF Nos. 13-14. 

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $120,000.00 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 $200.13. 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 $120,200.13, in the form of 

a check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Kaylee Nelson: $120,200.13

Respectfully submitted, 

BRIAN M. BOYNTON

Acting Assistant Attorney General 

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting 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 

GABRIELLE M. FIELDING

Assistant Director 

Torts Branch, Civil Division

/s/ Ida Nassar 

IDA NASSAR

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) 616-4186

DATED: April 8, 2021