# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 348 V

UNPUBLISHED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 DAMAGES 1

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 Administrat ion (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 P etitioner
entitled to compensation for SIRVA . On October 13, 2021

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $95, 786.30 in
compensation (representing $95,000.00 for pain and suffering and $ 786.30 for past

unreimbursed expense s ) Proffer at 1

- 2

. In the Proffer, R espondent represented that

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am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

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision 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 P etitioner agrees with the proffered award. Id. Based on the record as a whole, I find that

P etitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner 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

P etitioner

. This amount represents compensation for all damages that w ould 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. 2 0

- 348 V

Chief Special Master Corcoran (SPU)

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On M arch 26, 2020

, S heri C onerty (“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 petitione r received an

influenza (“flu”) vaccine in h er left deltoid on O ctober 1, 2018 , and subsequently suffered from a

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

On S eptember 23, 2021 , the Secretary of Health and Human Serv ices (“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 S eptember 28, 2021

, the Chief Special Master

issued a Ruling on Entitlement finding petitioner ent it led to compensation. ECF No s

. 2 4 and 25.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $ 9 5 ,0 00.00 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 s he incurred past unreimbursable

expenses related to h e r vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbur sable expenses in the amount of $ 7 86.30

. See 42 U.S.C. § 300aa

15(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 gu ardianship 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 t he following : a lump sum payment of $ 9 5,786.30

, in the form of a

check payable to petitioner. 1

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, S heri C onerty : $ 9 5,786.30

Respectfully submitted,

BRIAN M. BOYN TON
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 L ARA 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

E mail : adriana.teitel @ usdoj.gov

Dated: October 1 3

, 2021