In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1041V

UNPUBLISHED

LORY MAHAN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: May 11, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for 

Respondent.

DECISION AWARDING DAMAGES1

On July 17, 2018, Lory Mahan 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 Table injury – Shoulder Injury Related to 

Vaccine Administration (“SIRVA”) – as a result of an influenza (“flu”) vaccine administered 

to her on September 7, 2016. Petition, ECF No. 1 at 1. The case was assigned to the 

Special Processing Unit of the Office of Special Masters.

On January 21, 2022, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for her SIRVA. On May 11, 2022, Respondent filed a proffer on award 

of compensation (“Proffer”) indicating Petitioner should be awarded $60,000.00, 

representing compensation for her pain and suffering. Proffer at 2. In the Proffer, 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

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.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $60,000.00, 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 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 

LORY MAHAN, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

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No. 18-1041V 

Chief Special Master Corcoran 

ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 On July17, 2018, Lory Mahan (“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 she suffered a Shoulder Injury Related to Vaccine Administration 

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

vaccine she received on September 7, 2016. Petition at 1. On December 17, 2021, the Chief 

Special Master issued Findings of Fact, determining that the vaccination alleged as causal in this 

case was administered to petitioner in the right deltoid on September 7, 2016, and that the onset 

of petitioner’s pain occurred within 48 hours of her vaccination. ECF No. 50. On January 18, 

2022, respondent filed a Supplemental Rule 4(c) Report advising that he would not defend the 

case during further proceedings before the Office of Special Masters. ECF No. 51 at 6. On 

January 21, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner 

entitled to compensation. ECF No. 53. 
2 

I. Items of Compensation 

A. Pain and Suffering 

Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering. 

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

This amount represents 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 a 

lump sum payment 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 $60,000.00, in the form of a 

check payable to petitioner. 

III. Summary of Recommended Payments Following Judgment 

Lump sum payable to petitioner, Lory Mahan: $60,000.00 

Respectfully submitted, 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

HEATHER L. PEARLMAN 

Deputy Director 

Torts Branch, Civil Division 

 

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 lost earnings 

and future pain and suffering. 
3 

DARRYL R. WISHARD 

Assistant Director 

Torts Branch, Civil Division 

/s/ Catherine E. Stolar 

 CATHERINE E. STOLAR 

 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) 353-3299 

Fax: (202) 616-4310 

Email: catherine.stolar@usdoj.gov 

 

DATED: May 11, 2022