In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-983V

UNPUBLISHED

ABBIE DOVER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: July 5, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Brian L. Cinelli, Schiffmacher Cinelli Adoff, LLP, Buffalo, NY, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for 

Respondent.

DECISION AWARDING DAMAGES1

On August 26, 2020, Abbie Dover 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), caused by the administration of an influenza (flu) vaccination on 

October 24, 2018. Petition at 1. The case was assigned to the Special Processing Unit of 

the Office of Special Masters.

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

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

award of compensation (“Proffer”) indicating Petitioner should be awarded $60,080.00 

(comprised of $55,000.00 for pain and suffering and $5,080.00 for unreimbursed medical 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

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 $60,080.00 (comprised of $55,000.00 for pain and suffering and 

$5,080.00 for unreimbursed medical 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

ABBIE DOVER, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent. 

No. 20-983V 

Chief Special Master Corcoran

SPU

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Procedural History and Items of Compensation

On December 7, 2021, respondent filed his Vaccine Rule 4(c) report, and conceded that

entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on 

December 29, 2021, the Chief Special Master issued a Ruling on Entitlement finding that 

petitioner was entitled to vaccine compensation for her left Shoulder Injury Related to Vaccine 

Administration (“SIRVA”). ECF Nos. 21, 24. Based on the evidence of record, respondent 

proffers that petitioner should be awarded $60,080.00, which is comprised of damages for pain 

and suffering ($55,000.00) and unreimbursable medical expenses ($5,080.00). This amount 

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

300aa-15(a).1

 Petitioner agrees.

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. 
II. Form of the Award

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

a lump sum payment of $60,080.00, in the form of a check payable to petitioner. Petitioner 

agrees.

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

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 

TRACI R. PATTON

Assistant Director

Torts Branch, Civil Division 

s/ Mallori B. Openchowski 

MALLORI B. OPENCHOWSKI

Trial Attorney

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146, Ben Franklin Station 

Washington, DC 20044-0146 

Tel.: (202) 305-0660 

mallori.b.openchowski@usdoj.gov 

DATED: June 30, 2022