In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1505V

UNPUBLISHED

MAIJA HARKONEN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: October 6, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Renee Ja Gentry, Vaccine Injury Clinic, George Washington Univ. Law School, 

Washington, DC, for Petitioner.

Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On September 30, 2019, Maija Harkonen filed a petition for compensation under 

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the 

“Vaccine Act”). Petitioner alleges that she suffered a left shoulder injury related to vaccine 

administration (“SIRVA”) caused-in-fact by the trivalent influenza vaccine she received on 

October 12, 2016. Petition at 1, ¶¶ 2, 18. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

On September 23, 2021, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for her SIRVA. On October 6, 2021, Respondent filed a proffer 

on award of compensation (“Proffer”) indicating Petitioner should be awarded $86,526.34, 

representing compensation in the amount of $85,000.00 for her pain and suffering and in 

the amount of $1,526.34 for her past unreimbursable out-of-pocket 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.

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $86,526.34, representing compensation in the amount of 

$85,000.00 for her pain and suffering and in the amount of $1,526.34 for her past 

unreimbursable 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 the court is directed to enter judgment in accordance with this 

decision.2

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

2 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

MAIJA HARKONEN, )

 )

Petitioner, ) No. 19-1505V

) Chief Special Master 

v. ) Brian Corcoran

) SPU 

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On September 30, 2019, Maija Harkonen (“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. Respondent conceded petitioner’s entitlement to 

compensation in his Rule 4(c) Report filed on September 22, 2021. ECF No. 36. Based on 

Respondent’s Rule 4(c) Report, on September 23, 2021, Chief Special Master Corcoran found 

petitioner entitled to compensation for her left shoulder SIRVA injury. ECF No. 37.

I. Items of Compensation 

Based upon the evidence of record, respondent proffers that petitioner should be awarded

$86,526.34. This award is comprised of $85,000.00 for pain and suffering and $1,526.34 for

past unreimbursable out-of-pocket expenses. This represents all elements of compensation to 

which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 
2

through a lump sum payment of $86,526.34, in the form of a check made payable to petitioner. 1

 

Petitioner agrees.

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

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

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

 s/Althea Walker Davis 

ALTHEA WALKER DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Tel: (202) 616-0515

Althea.Davis@usdoj.gov

DATED: October 6, 2021

 1

 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the 

Court for appropriate relief. In particular, respondent would oppose any award for future 

medical expenses, future lost earnings, and future pain and suffering.