In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 19-1401V 

UNPUBLISHED 

RENEE GOREE, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: September 2, 2021 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA) 

 

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. 

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION AWARDING DAMAGES1

 On September 12, 2019, Renee Goree 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 (“flu”) vaccine administered to her left 

shoulder on October 13, 2017. Petition at Preamble. The case was assigned to the 

Special Processing Unit of the Office of Special Masters. 

On March 29, 2021, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for SIRVA. On September 1, 2021, Respondent filed a proffer on award 

of compensation (“Proffer”) indicating Petitioner should be awarded $95,000.00 in actual 

and projected pain and suffering3. Proffer at 1. In the Proffer, Respondent represented 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

3 This amount reflects that any award for projected pain and suffering has been reduced to net present 

value. 
2

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 $95,000.00 (in actual and projected pain and suffering) 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 the court is directed to enter judgment in accordance with this 

decision.4 

IT IS SO ORDERED.

 

 s/Brian H. Corcoran 

 Brian H. Corcoran 

 Chief Special Master 

4 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.
1

THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

RENEE GOREE,

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

No. 19-1401V

Chief Special Master Corcoran

PROFFER ON AWARD OF DAMAGES

On September 12, 2019, Renee Goree (“petitioner”) filed a petition for compensation 

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

34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that she suffered a left Shoulder 

Injury Related to Vaccine Administration (“SIRVA”) resulting from an influenza (“flu”) 

vaccination administered on October 13, 2017. Petition at Preamble. Respondent concluded 

that petitioner’s alleged injury satisfied the criteria of the Vaccine Injury Table, and therefore 

conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on March 25, 

2021. ECF No. 23. Based on Respondent’s Rule 4(c) Report the Court found petitioner entitled 

to compensation on March 29, 2021. ECF No. 24. 

I. Item of Compensation 

Respondent proffers that petitioner should be awarded $95,000.00 in actual and projected 

pain and suffering. This amount reflects that any award for projected pain and suffering has 

been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
2

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $95,000.00 in the form of a check made payable to petitioner.1

This lump sum payment represents all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

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

Respectfully submitted,

BRIAN M. BOYNTON

Acting 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 the entry of judgment, the parties reserve the right to move the 

Court for appropriate relief. In particular, respondent would oppose any award for future 

medical expenses, future lost earnings, and future pain and suffering.
3 

s/Jennifer L. Reynaud 

JENNIFER L. REYNAUD

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) 305-1586 

Jennifer.L.Reynaud@usdoj.gov 

DATED: September 1, 2021