In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0360V

UNPUBLISHED

JOHN MILES,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: December 17, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner.

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On March 30, 2020, John Miles 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 he suffered a right shoulder injury related to vaccine 

administration (SIRVA) after an influenza (“flu”) vaccination on October 23, 2017. Petition 

at 1. The case was assigned to the Special Processing Unit of the Office of Special 

Masters.

On October 14, 2021, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for a right SIRVA. On December 17, 2021, Respondent filed a proffer 

on award of compensation (“Proffer”) indicating Petitioner should be awarded: (1) 

$130,000.00 in pain and suffering, (2) $1,878.10 for past unreimbursable expenses, 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

and (3) $1,116.09 for payment of an outstanding balance for health services provided 

to Petitioner by Baylor Scott & White.

Proffer at 1-2. In the Proffer, Respondent represented 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.

Accordingly, Pursuant to the terms stated in the attached Proffer, I award 

Petitioner 

1. A lump sum payment of $131,878.10 in the form of a check payable to Petitioner; 

and,

2. A lump sum payment of $1,116.09 in the form of a check payable jointly to 

Petitioner and 

Baylor Scott & White

600 North Park Street

Brenham, TX 77833

These amounts represent 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

JOHN MILES,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 20-360V

Chief Special Master Corcoran

SPU

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On March 30, 2020, John Miles (“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 he suffered a Shoulder Injury Related to Vaccine Administration

(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza 

vaccine he received on October 23, 2017. Petition at 1. On October 14, 2021, the Secretary of 

Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is 

appropriate for compensation under the terms of the Act for a SIRVA Table injury. ECF No. 31. 

That same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner 

entitled to compensation. ECF No. 33.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $130,000.00 in pain and suffering. 

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
2

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that he incurred past unreimbursable expenses 

related to his vaccine-related injury. Respondent proffers that the Court should award petitioner 

a lump sum of $1,878.10, for past unreimbursable expenses, as provided under 42 U.S.C. § 

300aa-15(a)(1)(B). Petitioner agrees.

Respondent further proffers that the Court should award petitioner a lump sum of 

$1,116.09, for payment of an outstanding balance for health services provided to petitioner by 

Baylor Scott & White - The Brenham Clinic, in the form of a check payable jointly to petitioner 

and 

Baylor Scott & White

600 North Park Street

Brenham, TX 77833

 ATTN: Patient Accounting Department

See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees to endorse the check to Baylor Scott & 

White. 

These 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 

the lump sum payments 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 $131,878.10, in the 

 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 pain and 

suffering.
3

form of a check payable to petitioner; and a lump sum payment of $1,116.09, in the form of a

check payable jointly to petitioner and Baylor Scott & White.

III. Summary of Recommended Payments Following Judgment

A. Lump sum payable to petitioner, John Miles: $131,878.10

B. Lump sum payable jointly to petitioner, John Miles,

 and Baylor Scott & White: $1,116.09

 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

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/s/ Claudia B. Gangi 

CLAUDIA B. GANGI

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) 616-4138

Email: claudia.gangi@usdoj.gov

Dated: December 17, 2021