In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-348V

UNPUBLISHED

SHERI CONERTY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: October 14, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On March 26, 2020, Sheri Conerty 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 her October 1, 2018 influneza 

(“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of 

the Office of Special Masters.

On September 28, 2021, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On October 13, 2021, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $95,786.30 in

compensation (representing $95,000.00 for pain and suffering and $786.30 for past 

unreimbursed expenses) Proffer at 1-2. In the Proffer, Respondent represented that 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

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 $95,786.30 (representing $95,000.00 for pain and suffering and 

$786.30 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 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.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

SHERI CONERTY, 

Petitioner, 

 v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 20-348V

 Chief Special Master Corcoran (SPU)

 ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On March 26, 2020, Sheri Conerty (“petitioner”) filed a petition for compensation 

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to 

-34 (“Vaccine Act” or “Act”), as amended. The Petition alleges that petitioner received an 

influenza (“flu”) vaccine in her left deltoid on October 1, 2018, and subsequently suffered from a 

left shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. 

On September 23, 2021, the Secretary of Health and Human Services (“respondent”) 

filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms 

of the Act for a SIRVA Table injury, and on September 28, 2021, the Chief Special Master 

issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 24 and 25.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $95,000.00 in pain and suffering. 

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
2

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable 

expenses related to her vaccine-related injury. Respondent proffers that petitioner should be 

awarded past unreimbursable expenses in the amount of $786.30. See 42 U.S.C. § 300aa15(a)(1)(B). Petitioner agrees.

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

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 following: a lump sum payment of $95,786.30, in the form of a 

check payable to petitioner.1

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Sheri Conerty: $95,786.30

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

 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

LARA A. ENGLUND

Assistant Director

Torts Branch, Civil Division

s/ Adriana Teitel

ADRIANA TEITEL

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, DC 20044-0146

Tel: (202) 616-3677

Email: adriana.teitel@usdoj.gov

Dated: October 13, 2021