In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1201V

UNPUBLISHED

CAROLYN DEANE,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: May 9, 2022

Special Processing Unit (SPU); 

Damages Decision based on Proffer; 

Influenza (Flu); Shoulder Injury 

Related to Vaccine Administration 

(SIRVA).

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for 

Respondent.

DECISION AWARDING DAMAGES1

On August 14, 2019, Carolyn Deane 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 on 

October 4, 2017. Petition at 1. The case was assigned to the Special Processing Unit of 

the Office of Special Masters. 

On February 12, 2021, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for a Table SIRVA. On May 9, 2022, Respondent filed a proffer 

on an award of compensation (“Proffer”). In the Proffer, Respondent represented that 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

Petitioner agrees with the proffered award. 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 the following 

compensation:

A lump sum of $158,456.62 (representing for $155,000.00 for pain and 

suffering, and $3,456.62 for unreimbursed expenses). 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 

CAROLYN DEANE, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

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No. 19-1201V 

Chief Special Master Corcoran 

ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On August 14, 2019, Carolyn Deane (“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 “left shoulder table injuries,” i.e., a Shoulder 

Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, 

following administration of an influenza vaccine she received on October 4, 2017. Petition at 1. 

On February 12, 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 SIRVA Table injury, and on February 16, 2021, the Chief Special Master issued a Ruling 

on Entitlement finding petitioner entitled to compensation. ECF No. 27; ECF No. 28. 

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $155,000.00 in pain and suffering. 

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 
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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 $158,456.62, in the form of 

a check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Carolyn Deane: $158,456.62 

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 

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. 

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 $3,456.62. See 42 U.S.C. § 300aa15(a)(1)(B). Petitioner agrees.

The above amounts represent all elements of compensation to which petitioner is entitled 

under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 
3 

DARRYL R. WISHARD 

Assistant Director 

Torts Branch, Civil Division 

/s/ Catherine E. Stolar 

CATHERINE E. STOLAR 

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) 353-3299 

Fax: (202) 616-4310 

Email: catherine.stolar@usdoj.gov 

DATED: May 9, 2022