In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0593V

UNPUBLISHED

ANGELA KALAIL,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: August 22, 2022

Special Processing Unit (SPU); 

Damages Decision based on Proffer; 

Tetanus-Diphtheria-Acellular 

Pertussis (Tdap) Vaccine; Shoulder

Injury Related to Vaccine 

Administration (SIRVA).

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON DAMAGES1

On May 12, 2020, Angela Kalail 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 that as a result of a tetanus-diphtheria-acellular 

pertussis (“Tdap”) vaccine received in her right deltoid on October 31, 2018, she suffered 

a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was 

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

1 Because this unpublished opinion contains a reasoned explanation for the action in this case, I am 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

On August 8, 2022, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for SIRVA. On August 19, 2022, Respondent filed a proffer on award of 

compensation. Proffer at 1-2. 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 $156,150.68 (representing $150,000.00 for actual and projected

pain and suffering at net present value, $3,681.45 for past unreimbursed expenses, 

and $2,469.23 for after-tax net loss of earnings) 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.
 THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

ANGELA KALAIL, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 20-593V 

 Chief Special Master Brian H. Corcoran 

 ECF 

 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

 On August 4, 2022, respondent filed his Rule 4(c) Report, recommending that the Court 

find petitioner entitled to compensation specifically for a shoulder injury related to vaccine 

administration (SIRVA) and related sequelae, regarding which petitioner is entitled to a 

presumption of causation under the Vaccine Injury Table. ECF No. 44. The Court found 

petitioner entitled to compensation accordingly in an August 8, 2022 Ruling on Entitlement. 

ECF No. 45. Respondent now proffers that petitioner be awarded a lump sum of $156,150.68, in 

the form of a check payable to petitioner, for all damages available pursuant to 42 U.S.C. 

§ 300aa-15(a).1 Of this total amount, $150,000.00 represents an award for actual and projected 

pain and suffering at net present value; $3,681.45 represents an award for past unreimbursed 

expenses; and $2,469.23 represents an after-tax net loss of earnings. Petitioner is a competent 

adult, and accordingly, guardianship documentation is not required. 

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 medical 

expenses, future pain and suffering, and future lost wages. 
Petitioner has reviewed the foregoing and concurs. Petitioner agrees with the proffered 

award of $156,150.68.

2

 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 

ALEXIS B. BABCOCK 

Assistant Director 

Torts Branch, Civil Division 

s/ RYAN D. PYLES 

RYAN D. PYLES 

Senior 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) 616-9847 

ryan.pyles@usdoj.gov

Dated: August 19, 2022 

2

 This proffer does not include any award for attorneys’ fees and costs that may be awarded 

pursuant to 42 U.S.C. § 300aa-15(e).