In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0748V

UNPUBLISHED

MELISSA SCHNELL,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: September 10, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Tetanus Diphtheria acellular 

Pertussis (Tdap) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

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

Petitioner.

Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On June 23, 2020, Melissa Schnell 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 shoulder injury related to vaccine 

administration (“SIRVA”), a defined Table injury, after receiving the tetanus, diphtheria, 

acellular pertussis vaccine on July 3, 2019. Petition at 1, ¶ 7. The case was assigned to 

the Special Processing Unit of the Office of Special Masters.

On August 27, 2021, I issued a ruling on entitlement, finding Petitioner entitled to 

compensation for her SIRVA. On September 10, 2021, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $50,060.00, 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

representing $50,000.00 for her pain and suffering and $60.00 for her past 

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

Petitioner agrees with the proffered award. Id. at 2. 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 $50,060.00, representing $50,000.00 for her pain and suffering and 

$60.00 for her actual 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 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.
THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MELISSA SCHNELL,

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 20-748V

 Chief Special Master Corcoran

 ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On June 23, 2020, Melissa Schnell (“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 tetanus, 

diphtheria, and pertussis (“Tdap”) vaccine she received on July 3, 2019. 

On August 27, 2021, 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. ECF No. 21. On August 27, 2021, the Chief Special Master 

issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 22.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $50,000.00 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 his vaccine-related injury. Respondent proffers that petitioner should be 

awarded past unreimbursable expenses in the amount of $60.00. 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 $50,060.00, in the form of a 

check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Melissa Schnell: $50,060.00

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 

 

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

LARA A. ENGLUND

Assistant Director 

Torts Branch, Civil Division

s/ Wei Kit (Ricky) Tai 

WEI KIT (RICKY) TAI

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, D.C. 20044-0146

Direct dial: (202) 598-7705

Wei.Tai@usdoj.gov

Dated: September 10, 2021