In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1549V

UNPUBLISHED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, Northfield, NJ, for Petitioner.

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

DECISION AWARDING DAMAGES1

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 suffered a shoulder injury related to vaccine 

administration (“SIRVA”) caused-in-fact by the influenza vaccine she received on October 

5, 2016. Petition at 1, ¶¶ 2, 10. The case was assigned to the Special Processing Unit of 

the Office of Special Masters.

On August 17, 2021, Respondent filed a combined Rule 4(c) Report and Proffer

(“Rule 4(c) Report and Proffer”) conceding entitlement and indicating Petitioner 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 

Petitioner entitled to compensation for her SIRVA. Respondent represented that 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

Petitioner agrees with the proffered award. Rule 4(c) Report and Proffer at 4. 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 combined Rule 4(c) Report and Proffer,3I 

award Petitioner a lump sum payment of $62,500.00, representing compensation 

for her 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.4

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal 

medical history, which is not generally included in a Proffer, when separately filed, I will not attach the 

Proffer to the decision in this case. 

4 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.