In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-281V 

Filed: May 22, 2018 

UNPUBLISHED 

BRITTANY K. BROWN,

 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)

James Michael Brazas, Joel Bieber Firm, Richmond, VA, for petitioner. 

Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On February 28, 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 from a Shoulder Injury Related to 

Vaccine Administration (“SIRVA”). Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters. 

On October 5, 2017, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for her shoulder injury. On May 18, 2018, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $89,189.35. 

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

 

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 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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

petitioner a lump sum payment of $89,189.35 in the form of a check payable to 

petitioner, Brittany K. Brown. This amount represents 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

BRITTANY K. BROWN, 

 Petitioner,

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

 Respondent. 

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No. 17-281V 

Chief Special Master Dorsey

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On October 5, 2017, respondent conceded that entitlement to compensation was 

appropriate under the terms of the Vaccine Act. On the same day, Chief Special Master Dorsey 

issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for 

her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based upon the evidence of 

record, respondent proffers that petitioner should be awarded $89,189.35. The award is 

comprised of the following: $85,000.00 for pain and suffering; $83.89 for past out of pocket 

medical expenses; and $4,735.96 for past lost wages. This amount represents all elements of 

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

agrees. 
II. Form of the Award

The parties recommend that compensation provided to petitioner should be made through 

a lump sum payment of $89,189.35, in the form of a check payable to petitioner.1

 Petitioner 

agrees.

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

 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/ Alexis B. Babcock 

 ALEXIS B. BABCOCK

 Assistant Director

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station

Washington, D.C. 20044-0146 

 Telephone: (202) 616-7678 

Dated: May 18, 2018 

 

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.