# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1 549 V

UNPUBLISHED

ALYSON GUERRIERO

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 17, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Phyllis Widman, Widman Law Firm, LLC, Northfie ld, NJ , for P etitioner.

Camille Michelle Collett , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION AWARDING DAMAGES 1

On October 4, 2019

, Alyson Guerriero 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 suf fered a shoulder injury related to vaccine administration ( “ SIRVA ” ) caused

- in

- fact by the influenza vaccine she received on October
5, 201 6 . Petition at 1, ¶¶ 2, 10

. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 17, 2021

, R espondent filed a combined Rule 4(c) Report and Proffer (“ Rule 4 (c) Report and Proffer”) conceding entitlement and indicating P etitioner should be awarded $ 62,500.00 , representing compensation for her pain and suffering

. Rule 4 (c) Report and Proffer at 8

. On August 17, 2021

, I issued a ruling on entitlement, finding

P etitioner entitled to compensation for her SIRVA

. R espondent represented that

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision 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 o f 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 pert inent subpara graph of 42 U.S.C. § 300aa (2012 ).2

P etitioner agrees with the proffered award

. Rule 4(c) Report and Proffer at 4. Based on

the record as a whole, I find that P etitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the combined Rule 4 (c) Report and Proffer, 3 I

award P etitioner a lump sum payment of $ 62,500 .00 , representing compensation

for her pain and suffering in the form of a check payable to P etitioner

. This amount represents compensation for all damages that w ould be available under Section 15 (a)

.

The clerk of the court is directed to enter judgment in accordance with this

decision. 4

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran Chief Special Master

3 Because t he combined Rule 4 (c) R eport and P roffer contains information regarding P etitioner’ s personal medical history

, which is not generally included in a P roffer, when separatel y filed, I will not att a ch the

P roffer to the decision in this case

.

4 Pursuant to Vaccine Rule 11(a), entry of judg ment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.