In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1572V

UNPUBLISHED

ROSE MARIE DONAHUE,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: April 6, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On November 12, 2020, Rose Marie Donahue 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 left shoulder injuries related to 

vaccine administration (SIRVA) resulting from the influenza (flu) vaccination she received 

on November 19, 2019. Petition at 1. The case was assigned to the Special Processing 

Unit of the Office of Special Masters.

On February 16, 2022, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On March 30, 2022, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $50,425.00, 

including $50,000.00 in pain and suffering, and $425.00 in unreimbursed expenses.

Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

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 $50,425.00, including $50,000.00 in pain and suffering, and $425.00 

in unreimbursed 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 

ROSE MARIE DONAHUE, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

 No. 20-1572V 

 Chief Special Master Corcoran 

 SPU 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On November 12, 2020, Rose Marie Donahue (“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

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

vaccine administered to her on November 19, 2019. On January 21, 2022, respondent filed his 

Vaccine Rule 4(c) report, recommending that compensation be awarded. ECF No. 17. On 

February 16, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner 

entitled to compensation. ECF No. 18. 

I. Items of Compensation

Respondent proffers that petitioner should be awarded $50.000.00 in pain and suffering

damages, and $425.00 in unreimbursed expenses. See 42 U.S.C. § 300aa-15(a). Petitioner 

agrees. 
2 

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 $50,425.00, representing 

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

payable to petitioner, Rose Marie Donahue. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Rose Marie Donahue $50,425.00

Respectfully submitted, 

BRIAN M. 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/ Julia M. Collison 

JULIA M. COLLISON 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Ben Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 305-0102 

Julia.collison@usdoj.gov 

Dated: March 30, 2022