In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-0806V

UNPUBLISHED

SCOTT WEAVER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: November 20, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

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

petitioner.

Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On May 31, 2019, Scott Weaver 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 he suffered a left shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza vaccination he received on October 

7, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office 

of Special Masters. 

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

entitled to compensation for his SIRVA. On November 20, 2020, Respondent filed a 

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

$73,785.71 (comprising $72,500.00 for pain and suffering and $1,285.71 for out of pocket 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

expenses). Proffer at 6. 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 $73,785.71 (comprising $72,500.00 for pain and suffering and $1,285.71 

for 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 § 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.