In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS 

No. 20-0607V 

UNPUBLISHED 

MARSULLY GONZALEZ, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: August 26, 2021 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA) 

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. 

Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION AWARDING DAMAGES1

On May 15, 2020, Marsully Gonzalez 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 an on-Table shoulder injury related to 

vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received 

on January 29, 2018. Petition at 1. Petitioner further alleges that her symptoms have 

persisted for more than six months. Petition at 2. The case was assigned to the Special 

Processing Unit of the Office of Special Masters. 

On August 5, 2021, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for SIRVA. On August 26, 2021, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded a total of $92,700.00, 

consisting of $92,500.00 in pain and suffering and $200.00 for unreimbursable medical 

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

CORRECTED
2

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 $92,700.00 (consisting of $92,500.00 in pain and suffering and 

$200.00 for unreimbursable medical expenses) 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 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

MARSULLY GONZALEZ, )

)

Petitioner, )

)

v. ) No. 20-607V

) Chief Special Master Brian Corcoran

SECRETARY OF )

HEALTH AND HUMAN SERVICES, )

)

Respondent. )

 )

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On August 4, 2021, respondent filed a Vaccine Rule 4(c) report concluding that petitioner 

suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the Table 

timeframe following an influenza vaccination, which was compensable under the National 

Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34. Accordingly, 

on August 5, 2021, the Chief Special Master issued a Ruling on Entitlement. 

I. Items of Compensation 

Respondent proffers that petitioner should be awarded $92,500.00 for pain and suffering 

and $200.00 for unreimbursable medical expenses. 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

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $92,700.00 in the form of a check payable to petitioner.

1

 This 

 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 pain and suffering, and future lost wages.
2

lump sum payment represents all elements of compensation to which petitioner would be entitled 

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

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

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

TRACI R. PATTON

Assistant Director

Torts Branch, Civil Division

s/ LARA A. ENGLUND

LARA A. ENGLUND

Assistant Director

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station

Washington D.C. 20044-0146

Tel: (202) 307-3013

E-mail: lara.a.englund@usdoj.gov

Dated: August 26, 2021