In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20-0629V 

UNPUBLISHED

MICHELE WENCLAWIAK, 

 Petitioner,

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

Respondent.

Chief Special Master Corcoran 

Filed: February 1, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On May 21, 2020, Michele Wenclawiak 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 from “severe left shoulder pain, 

tingling, numbness, weakness and decreased range of motion, which was caused in fact” 

by an influenza (“flu”) vaccine she received on October 1, 2018. Petition at 1. The case 

was assigned to the Special Processing Unit of the Office of Special Masters.

On November 2, 2021, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for a left SIRVA. ECF 34. On January 31, 2022, Respondent 

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

awarded $82,500.00. Proffer at 1. In the Proffer, Respondent represented that Petitioner 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

CORRECTED
2

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 $82,500.00 for 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 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.
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MICHELE WENCLAWIAK, 

Petitioner, 

 v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent. 

 No. 20-629V 

 Chief Special Master Corcoran (SPU)

 ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On May 21, 2020, Michele Wenclawiak (“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”), as amended. Petitioner alleges that she suffers from “severe left shoulder pain, 

tingling, numbness, weakness and decreased range of motion, which was caused in fact” by an 

influenza (“flu”) vaccine she received on October 1, 2018. Petition at 1. 

On November 1, 2021, 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 shoulder injury related to vaccine administration (“SIRVA”) Table injury, and on 

November 2, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner 

entitled to compensation. ECF Nos. 33 and 34. 

I. Items of Compensation

Respondent proffers that petitioner should be awarded $82,500.00 for pain and suffering.

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This amount represent all elements of 

compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 

CORRECTED
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 following: a lump sum payment of $82,500.00, in the form of a 

check payable to petitioner.1

 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Michele Wenclawiak: $82,500.00

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 

LARA A. ENGLUND

Assistant Director

Torts Branch, Civil Division 

s/ Adriana Teitel 

ADRIANA TEITEL

Trial Attorney

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146, Benjamin Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-3677 

Dated: January 31, 2022 Email: adriana.teitel@usdoj.gov

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.