In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1582V

UNPUBLISHED

CAROL A. ALLEN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 25, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Tetanus Diphtheria acellular 

Pertussis (Tdap) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner.

Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On October 11, 2018, Carol A. Allen 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”) as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”) 

vaccine on February 14,2017. Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

On February 20, 2020, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for a SIRVA. On March 24, 2020, Respondent filed a proffer 

on award of compensation (“Proffer”) indicating Petitioner should be awarded 

$155,000.00. 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 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 $155,000.00 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

___________________________________

)

CAROL A. ALLEN, )

)

 Petitioner, ) No. 18-1582V ECF

) 

 v. ) Chief Special Master Corcoran

 )

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, )

)

 Respondent. )

___________________________________ )

PROFFER ON AWARD OF COMPENSATION1

I. Procedural History

On October 11, 2018, Carol A. Allen (“petitioner”) filed a petition for compensation 

(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -

34, as amended. She alleges that, as a result of receiving the tetanus-diphtheria-acellular 

pertussis (“Tdap”) vaccine on February 14, 2017, she suffered from a left shoulder injury related 

to vaccine administration (“SIRVA”). See Petition. On February 20, 2020, respondent filed his 

Vaccine Rule 4(c) report, conceding a Table injury for SIRVA. On that same day, Chief Special 

Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to 

compensation for SIRVA. 

II. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded 

a lump sum of $155,000.00 for pain and suffering damages. This amount represents all elements 

 1

 This Proffer does not include attorneys’ fees and costs, which the parties intend to 

address after the Damages Decision is issued. 
2

of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner 

agrees.

III. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $155,000.00, in the form of a check payable to petitioner.

2

 

Petitioner agrees.

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

/s/Darryl R. Wishard 

 DARRYL R. WISHARD

Senior Trial Attorney

Torts Branch, Civil Division

U. S. Department of Justice

P.O. Box l46, Benjamin Franklin Station

Washington, D.C. 20044-0146

Direct dial: (202) 616-4357

Dated: March 24, 2020 Fax: (202) 616-4310

 2

 Should petitioner die prior to entry of judgment, respondent would oppose any award 

for future medical expenses, future lost earnings, and future pain and suffering, and the parties 

reserve the right to move the Court for appropriate relief.