In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-31V

UNPUBLISHED

PRESCILLA LAURILLA,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: July 13, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Tetanus Diphtheria acellular 

Pertussis (Tdap) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

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

James Vincent Lopez, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On January 5, 2018, Prescilla Laurilla 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 Shoulder Injury Related to Vaccine 

Administration (“SIRVA”) as a result of her February 24, 2015 Tetanus Diphtheria 

acellular Pertussis (“Tdap”) vaccination. Petition at 1, 14-15. The case was assigned to 

the Special Processing Unit of the Office of Special Masters.

On February 14, 2019, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On July 10, 2020, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $95,000 (this 

amount constitutes damages for pain and suffering). Proffer at 1. 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 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 “§” 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 $95,000 (this amount constitutes damages for pain and suffering)

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

___________________________________ 

)

PRESCILLA LAURILLA, )

)

Petitioner, )

) No. 18-31V

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 February 12, 2019, respondent filed a Rule 4(c) Report conceding that petitioner is 

entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration 

(“SIRVA”) injury suffered following receipt of a tetanus, diphtheria, and acellular pertussis 

(“Tdap”) vaccination on February 24, 2015. On February 14, 2019, a Ruling on Entitlement, 

adopting respondent’s recommendation, was issued. 

Based upon the evidence of record, respondent proffers that petitioner1 should be 

awarded $95,000. This amount constitutes damages for pain and suffering, and represents all 

elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).2

 

Petitioner agrees. 

 1 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.

2 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court 

for appropriate relief. 
II. Form of the Award 

Respondent recommends that the compensation provided to petitioner should be made 

through: 

a lump sum of $95,000 in the form of a check payable to petitioner. This amount 

represents compensation for all damages that would be available under 42 U.S.C. 

§ 300aa-15(a).

Petitioner agrees.

Respectfully submitted,

ETHAN P. DAVIS

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director 

Torts Branch, Civil Division 

CATHARINE E. REEVES 

Deputy Director 

Torts Branch, Civil Division

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

s/ JAMES V. LOPEZ

James V. Lopez

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Ben Franklin Station

Washington, D.C. 20044-0146

Tel: (202) 616-3655

Fax: (202) 616-4310

Email: james.lopez@usdoj.gov

Dated: July 10, 2020