In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0278V

UNPUBLISHED

ANDREA CARRIER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: November 29, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On March 12, 2020, Andrea Carrier 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 to her on 

October 5, 2018. Petition at 1. The case was assigned to the Special Processing Unit of 

the Office of Special Masters.

On July 2, 2021, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for SIRVA. On November 24, 2021, Respondent filed a proffer on award 

of compensation (“Proffer”) indicating Petitioner should be awarded $107,500.00 in pain 

and suffering. Proffer at 1-2. 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1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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).
2

agrees with the proffered award. Id. at 2. 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 $107,500.00 (in 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 the 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

ANDREA CARRIER,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 20-278V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On March 12, 2020, Andrea Carrier (“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 a shoulder injury related to vaccine administration 

(“SIRVA”), as defined in the Vaccine Injury Table, following administration of flu vaccine on 

October 5, 2018. Petition at 1. 

On July 2, 2021, the Secretary of Health and Human Services (“respondent”) filed a 

Vaccine 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. 

ECF No. 29. Later that day, the Chief Special Master issued a Ruling on Entitlement finding 

petitioner entitled to compensation. ECF No. 30.

I. Compensation for Vaccine Injury-Related Items

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $107,500.00 in pain and suffering. 

See 42 U.S.C. § 300aa-15(a)(4). 
2

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

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

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 $107,500.00, in the form of 

a check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Andrea Carrier: $107,500.00

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

 

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.
3

s/ Wei Kit (Ricky) Tai 

WEI KIT (RICKY) TAI

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, D.C. 20044-0146

Direct dial: (202) 598-7705

Wei.Tai@usdoj.gov

Dated: November 24, 2021