In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-650V 

Filed: May 15, 2018

UNPUBLISHED

DONNA T. HYATT, 

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.

Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On May 17, 2017, petitioner 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 right shoulder injury related to vaccine 

administration (“SIRVA”) as a result of her September 14, 2015 influenza (“flu”) 

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

Office of Special Masters.

On February 7, 2018, a ruling on entitlement was issued, finding petitioner 

entitled to compensation for SIRVA. On May 14, 2018, respondent filed an amended

proffer on award of compensation (“Proffer”) indicating petitioner should be awarded 

$80,000.00 as well as $1,085.82 representing compensation for satisfaction of Medicaid 

lien. Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends 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). 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, the undersigned agrees that the identified material fits 

within this definition, the undersigned 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

the proffered award. Based on the record as a whole, the undersigned finds that 

petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned awards 

$81,085.82 as follows: 

• A lump sum payment of $80,000.00 in the form of a check payable to 

petitioner, Donna T. Hyatt; and 

• A lump sum payment of $1,085.82, representing compensation for 

satisfaction of a State of South Carolina Medicaid lien, payable jointly to 

petitioner and:

Equian, LLC

Attn: Robert Lucas, Recovery Attorney

P.O. Box 771932

Detroit, MI 48277-1932

Reference: Donna T. Hyatt, File No. 815505-172217. 

Petitioner agrees to endorse this payment to Equian, LLC.

These amounts represent compensation for all damages that would be available 

under § 300aa-15(a). 

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

decision.3 

IT IS SO ORDERED.

 s/Nora Beth Dorsey

Nora Beth Dorsey

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

__________________________________________ 

 ) 

DONNA T. HYATT, ) 

 ) 

 Petitioner, ) 

 ) No. 17-650V (ECF)

v. ) Chief Special Master Dorsey

 ) 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

__________________________________________) 

RESPONDENT’S AMENDED PROFFER ON AWARD OF DAMAGES

Pursuant to the Chief Special Master’s May 1, 2018 Order, respondent submits the 

following amended proffer: 

On February 7, 2018, respondent, the Secretary of Health and Human Services, filed his 

Rule 4(c) Report conceding entitlement to compensation in this matter, and the same day, the 

Court entered its Ruling on Entitlement finding petitioner, Donna T. Hyatt, entitled to Vaccine 

Act compensation. Respondent now proffers that petitioner receive a compensation award

consisting of: 

a. a lump sum of $80,000.00 in the form of a check payable to petitioner, Donna T. 

Hyatt.

1

 This amount represents compensation for all elements of compensation under 

42 U.S.C. § 300aa-15(a)2 to which petitioner is entitled; and, 

 

1

 Petitioner is a competent adult. No guardianship is required. 

2

 Should petitioner die prior to entry of judgment, respondent would oppose any award for 

future medical expenses, future lost earnings, and future pain and suffering, and the parties 

reserve the right to move the Court for appropriate relief. 
2 

b. A lump sum payment of $1,085.82, representing compensation for satisfaction of a 

State of South Carolina Medicaid lien, payable jointly to petitioner and: 

Equian, LLC

Attn: Robert Lucas, Recovery Attorney 

P.O. Box 771932 

Detroit, MI 48277-1932 

Reference: Donna T. Hyatt, File No. 815505-172217 

 Petitioner agrees to endorse this payment to Equian, LLC. 

Petitioner agrees with the proffered award described above.3

Respectfully submitted,

 CHAD A. READLER

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/Voris E. Johnson, Jr. 

VORIS E. JOHNSON, JR.

Senior Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Ben Franklin Station 

Washington, D.C. 20044-0146 

 Direct dial: (202) 616-4136 

Dated: May 14, 2018 

 

3

 This proffer does not include any award for attorneys’ fees and costs that may be awarded 

pursuant to 42 U.S.C. § 300aa-15(e).