In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 21-0131V

UNPUBLISHED

DYAN LABELLE,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: September 13, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Edward M. Kraus, Kraus Law Group, LLC, Chicago, IL, for Petitioner.

Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On January 6, 2021, Dyan Labelle 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 an influenza vaccine received on October 23, 

2019. 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 SIRVA. On September 13, 2022, Respondent filed a proffer on award 

of compensation (“Proffer”) indicating Petitioner should be awarded $63,527.78. Proffer 

at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

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 $63,527.78 (consisting of $62,500.00 for pain and suffering and 

$1,027.78 in unreimbursed medical 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

DYAN LaBELLE, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent.

 

 No. 21-131V 

 Chief Special Master Corcoran

 ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On January 6, 2021, Dyan LaBelle (“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 (“Vaccine Act” or “Act”). Petitioner alleged that she suffered a left Shoulder 

Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine 

administered on October 23, 2019. Petition at 1. 

On June 16, 2022, respondent filed his Vaccine Rule 4(c) report, recommending that 

compensation be awarded. Resp.’s Rept. at 1 (ECF No. 31). The same day, this Court issued a 

Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 32. 

I. Items of Compensation

Respondent proffers that petitioner should be awarded $63,527.78, consisting of 

$62,500.00 for pain and suffering and $1,027.78 in unreimbursed medical expenses. This 

represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. 
2 

§ 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 $63,527.78, representing 

compensation for all elements of economic and noneconomic damages, in the form of a check 

payable to petitioner, Dyan LaBelle. 

III. Summary of Recommended Payment Following Judgment

Lump sum payable to petitioner, Dyan LaBelle: $63,527.78.

Respectfully submitted, 

BRIAN BOYNTON

Principal Deputy Assistant Attorney General 

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 

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 

s/ Jennifer A. Shah

 Jennifer A. Shah

 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) 305-2181

Jennifer.shah@usdoj.gov

Dated: September 13, 2022