In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-728V

UNPUBLISHED

BARBARA MURRAY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 26, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.

Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On May 23, 2018, Barbara Murray, filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2 (the 

“Vaccine Act”). Thereafter, Petitioner filed an amended Petition on September 10, 

2018. Petitioner’s amended Petition alleges that her influenza (“flu”) vaccination on 

October 14, 2016, caused her to suffer a shoulder injury related to vaccine 

administration (“SIRVA”). Amended Petition at 1-3. The case was assigned to the 

Special Processing Unit of the Office of Special Masters.

On April 25, 2019, a ruling on entitlement was issued, finding Petitioner entitled 

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

of compensation (“Proffer”) indicating Petitioner should be awarded $71,075.42. The 

award is comprised of the following: $70,000.00 for pain and suffering and $1,075.42 for 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

past out of pocket medical expenses. Proffer at 1. 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 $71,075.42 (comprised of the following: $70,000.00 for pain and 

suffering and $1,075.42 for past out of pocket medical expenses) 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

BARBARA MURRAY,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 18-728V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On April 24, 2019, respondent conceded that entitlement to compensation was 

appropriate under the terms of the Vaccine Act. Chief Special Master Dorsey issued a Ruling on 

Entitlement on April 25, 2019, finding that petitioner was entitled to vaccine compensation for 

her right-sided shoulder injury. Based upon the evidence of record, respondent proffers that 

petitioner should be awarded $71,075.42. The award is comprised of the following: $70,000.00 

for pain and suffering and $1,075.42 for past out of pocket medical expenses. This amount 

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

§ 300aa-15(a). Petitioner agrees. 
2

II. Form of the Award

The parties recommend that compensation provided to petitioner should be made through 

a lump sum payment of $71,075.42, in the form of a check payable to petitioner.1

 Petitioner 

agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

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

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

s/ Traci R. Patton 

TRACI R. PATTON

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Telephone: (202) 353-1589

Dated: March XX, 2020

 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.