In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-50V

UNPUBLISHED

SUSAN MARTIN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: October 23, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Pneumococcal Conjugate Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.

James Vincent Lopez, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On January 9, 2019, Susan Martin 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 a Prevnar 13 pneumococcal conjugate vaccine

administered on April 3, 2017. Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

On September 21, 2020, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for her SIRVA. On October 20, 2020, Respondent filed a proffer 

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

$105,666.75. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

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 $105,666.75 (representing compensation in the amount of 

$105,000.00 in pain and suffering and $666.75 in past unreimbursable 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

___________________________________ 

)

SUSAN MARTIN, )

)

Petitioner, )

) No. 19-50V

v. ) Chief Special Master Brian H. Corcoran

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On January 9, 2019, Susan Martin (“petitioner”) filed a petition for compensation under 

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” 

or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration

(“SIRVA”), as defined in the Vaccine Injury Table, following administration of a Prevnar 13 

pneumococcal vaccine she received on April 3, 2017. On September 10, 2020, the Secretary of 

Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is 

appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on 

September 21, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner 

entitled to compensation. ECF No. 32; ECF No. 33.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $105,000.00 in pain and suffering. 

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
2

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable 

expenses related to her vaccine-related injury. Respondent proffers that petitioner should be 

awarded past unreimbursable expenses in the amount of $666.75. See 42 U.S.C. § 300aa15(a)(1)(B). Petitioner agrees.

These amounts represent all elements of compensation to which petitioner is entitled 

under 42 U.S.C. § 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 $105,666.75, in the form of 

a check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Susan Martin: $105,666.75

Respectfully submitted, 

JEFFREY BOSSERT CLARK

Acting Assistant Attorney General 

C. SALVATORE D’ALESSIO

Acting Director 

Torts Branch, Civil Division 

CATHARINE E. REEVES 

Deputy 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

GABRIELLE M. FIELDING

Assistant Director 

Torts Branch, Civil Division

s/ JAMES V. LOPEZ

James V. Lopez

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, D.C. 20044-0146

Tel: (202) 616-3655

Fax: (202) 616-4310

Email: james.lopez@usdoj.gov

Date: October 20, 2020