In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-0858V

UNPUBLISHED

MICHAELENE WIDSON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: December 21, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Tetanus Diphtheria acellular 

Pertussis (Tdap) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On June 11, 2019, Michaelene Widson 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 a Tetanus-Diphtheria-acellular Pertussis (“Tdap”) 

vaccine administered on May 15, 2017. Petition at 1. The case was assigned to the 

Special Processing Unit of the Office of Special Masters.

On October 28, 2020, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for SIRVA. On December 18, 2020, Respondent filed a proffer on award 

of compensation (“Proffer”) indicating Petitioner should be awarded $75,000.00. Proffer 

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

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 $75,000.00 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ 

 ) 

MICHAELENE WIDSON, ) 

 ) 

 Petitioner, ) 

 ) No. 19-858V 

 v. ) Chief Special Master Corcoran 

 ) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

 On October 26, 2020, respondent filed a Rule 4 (c) Report conceding entitlement 

in this case. On October 28, 2020, the Court issued a Ruling on Entitlement finding that 

petitioner was entitled to vaccine compensation for her Shoulder Injury Related to 

Vaccine Administration (“SIRVA”). Respondent proffers that based on the evidence of 

record, petitioner should be awarded $75,000.00. This amount represents all elements of 

compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a)(1); 

15(a)(3)(A); and 15(a)(4). Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be 

made through a lump sum payment as described below, and request that the Chief Special 

Master’s decision and the Court’s judgment award the following:1

 

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 medical expenses, future lost earnings, and future pain and suffering. 
A lump sum payment of $75,000.00, in the form of a check payable to 

petitioner, Michaelene Widson. This amount accounts for all elements of 

compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is 

entitled.

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

 

 Respectfully submitted,

JEFFERY BOSSERT CLARK

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division 

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division 

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division 

/s/ Linda S. Renzi 

LINDA S. RENZI

Senior Trial Counsel 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station

Washington, D.C. 20044-0146 

Tel.: (202) 616-4133 

Dated: December 18, 2020