In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-1551V

UNPUBLISHED

DEBORAH WHARTON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: February 22, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On November 9, 2020, Deborah Wharton 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 left shoulder injuries related to vaccine 

administration (SIRVA), resulting from the influenza vaccination she received on October 

3, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office 

of Special Masters.

On February 15, 2022, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On February 18, 2022, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $62,829.00 

($62,500.00 for pain and suffering and $329.00 for unreimbursed medical expenses).

Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

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 $62,829.00 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

DEBORAH WHARTON, 

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

Respondent.

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) 

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No. 20-1551V 

Chief Special Master Corcoran 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On January 24, 2022, respondent conceded that entitlement to compensation was

appropriate under the terms of the Vaccine Act. On February 15, 2022, Chief Special Master 

Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine 

compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based 

upon the evidence of record, respondent proffers that petitioner should be awarded $62,829.00. 

The award is comprised of the following: $62,500.00 for pain and suffering and $329.00 for 

unreimbursed medical expenses. This amount 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

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

a lump sum payment of $62,829.00, in the form of a check 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

Principal Deputy 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/ JEREMY C. FUGATE

JEREMY C. FUGATE

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) 598-3831

Dated: February 18, 2022 Jeremy.Fugate2@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.