In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 19-0137V 

UNPUBLISHED 

BRITTA SCHWARTZ, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: June 25, 2020 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA) 

 

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

Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

 On January 28, 2019, Britta Schwartz 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 left shoulder injury related to 

vaccine administration (“SIRVA”), a Table Injury, due to an influenza (“flu”) vaccine 

administered on October 5, 2016. Petition at ¶¶ 1-15. Petitioner further alleges that she 

suffered the sequela of her injury for more than six months. Petition at 3. The case was 

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

On March 20, 2020, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for SIRVA. On June 25, 2020, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded $65,000.00 for her 

past and future pain and suffering. Proffer at 1. In the Proffer, Respondent represented 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

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 $65,000.00, in the form of a check payable to Petitioner. This 

amount represents compensation for all damages that would be available under § 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.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

BRITTA SCHWARTZ,

Petitioner, 

 v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 19-137V

 Chief Special Master Corcoran

 ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On January 28, 2019, Britta Schwartz (“petitioner”) filed a petition for vaccine injury 

compensation alleging that she suffered a left shoulder injury related to vaccine administration 

(“SIRVA”), a Table Injury, due to an influenza (“flu”) vaccine administered on October 5, 2016. 

Respondent filed his Rule 4(c) Report conceding entitlement to compensation on March 20, 2020. 

The Court issued a Ruling on Entitlement that same day.

I. Items of Compensation

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

a lump sum of $65,000.00 for her past and future pain and suffering. This represents all elements 

of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).

1

 

Petitioner agrees.

 1 Petitioner’s medical costs were paid by Worker’s Compensation. See Exhibit 7. 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 damages.
2

II. Form of the Award

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

through a lump sum payment of $65,000.00 in the form of a check payable to petitioner.2 

Petitioner agrees. 

Respectfully submitted,

JOSEPH H. HUNT

Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

s/Lisa A. Watts 

LISA A. WATTS

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) 616-4099

DATED: June 25, 2020

 2

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