In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1848V

UNPUBLISHED

DEBRA HEAGLE,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: June 16, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Tetanus Diphtheria acellular 

Pertussis (Tdap) Vaccine; Influenza 

(Flu); Shoulder Injury Related to 

Vaccine Administration (SIRVA)

Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner.

Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for 

Respondent.

DECISION AWARDING DAMAGES1

On December 14, 2020, Debra Heagle 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 bilateral shoulder injuries related to 

vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine in her right arm 

and a tetanus, diphtheria, and pertussis (“Tdap”) vaccine in her left arm. Petition at 1. The 

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

On June 16, 2022, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for a SIRVA. On June 14, 2022, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $153,529.52 comprised 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

of $145,000.00 for pain and suffering and $8,529.52 for past out-of-pocket expenses.

Respondent’s Rule 4(c) Report and Proffer on Damages at 7. 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 Proffer, I award Petitioner a lump sum 

payment of $153,529.52 (comprised of $145,000.00 for pain and suffering and 

$8,529.52 for past out-of-pocket 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.