In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-445V

UNPUBLISHED

VERA VERONICA KELLY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: September 16, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Tetanus Diphtheria acellular 

Pertussis (Tdap) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for petitioner.

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

DECISION AWARDING DAMAGES1

On March 26, 2019, Vera Kelly 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 left shoulder injury related to vaccine 

administration (“SIRVA”) as a result of a tetanus-diphtheria-acellular pertussis vaccination 

administered on January 25, 2017. Petition at 1. Petitioner further alleges that the vaccine 

was administered within the United States, that she suffered the residual effects of her 

injury for more than six months, and that she has not received an award or settlement of 

any civil action for damages for her vaccine-related injury. Petition at 2, 7. The case was 

assigned to the Special Processing Unit of the Office of Special Masters.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

On April 7, 2020, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for a SIRVA. On September 14, 2020, Respondent filed a proffer on award 

of compensation (“Proffer”) indicating Petitioner should be awarded $93,105.44 

(consisting of $90,000.00 for pain and suffering, and $3,105.44 for past unreimbursed 

expenses). Proffer at 1. 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.

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

sum payment of $93,105.44 (consisting of $90,000.00 for pain and suffering, and 

$3,105.44 for past unreimbursed expenses 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

__________________________________________

)

VERA VERONICA KELLY, )

)

Petitioner, )

) No. 19-445V (ECF)

v. ) Chief Special Master Corcoran 

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On April 7, 2020, respondent, the Secretary of Health and Human Services, filed his Rule 

4(c) Report conceding entitlement to compensation in this matter alleging a Shoulder Injury 

Related to Vaccine Administration (“SIRVA”). The same day, the Court entered its Ruling on 

Entitlement, finding petitioner Vera Veronica Kelly entitled to Vaccine Act compensation. 

Respondent now proffers that petitioner receive a compensation award consisting of a lump sum 

of $93,105.44 in the form of a check payable to petitioner, Vera Veronica Kelly.

1

 This amount

consists of $90,000.00 for pain and suffering and $3,105.44 for past unreimbursed expenses, and

represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to 

which petitioner is entitled.2

Petitioner agrees with the proffered award of $93,105.44.

3

 

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.

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). 
2

Respectfully submitted,

JEFFREY BOSSERT CLARK

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

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: September 14, 2020