In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0826V

UNPUBLISHED

CATHY BOYD,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: October 28, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On July 8, 2020, Cathy Boyd 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 shoulder injury related to vaccine

administration (SIRVA) as the result of an influenza (“flu”) vaccination she received in her 

left shoulder on November 19, 2018. Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

On October 22, 2021, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for a left SIRVA. On October 28, 2021, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $50,500.00.

Proffer at 2.

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

Specifically, Respondent proffers that Petitioner be awarded $50,000.00 in actual 

pain and suffering and $500.00 in past unreimbursable expenses. Id. at 1-2

In the Proffer, Respondent also represented that Petitioner agrees with the 

proffered award. Id. at 2. 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 $50,500.00 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 

CATHY BOYD, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

Respondent. 

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No. 20-826V 

Chief Special Master Corcoran 

ECF 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 

 On July 8, 2020, Cathy Boyd (“petitioner”) filed a petition for compensation under the 

National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or 

“Act”), alleging that she suffered a Table shoulder injury related to vaccine administration 

(“SIRVA”), as the result of an influenza (“flu”) vaccination she received in her left shoulder on 

November 19, 2018. Petition at 1. On October 22, 2021, the Secretary of Health and Human 

Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded, 

and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to 

compensation the same day. ECF No. 25; ECF No. 26. 

I. Items of Compensation 

A. Pain and Suffering 

Respondent proffers that petitioner should be awarded $50,000.00 in actual pain and 

suffering. Petitioner agrees. 

B. Past Unreimbursable Expenses 

Evidence supplied by petitioner documents Cathy Boyd’s expenditure of past 

unreimbursable expenses related to her vaccine-related injury. Respondent now proffers that, 
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based on the Chief Special Master’s entitlement decision and the evidence of record, petitioner 

should be awarded past unreimbursable expenses in the amount of $500.00, as provided under 

the Vaccine Act, 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 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 following1: a lump sum payment of $50,500.00, representing 

compensation for pain and suffering ($50,000.00), and past unreimbursable expenses ($500.00), 

in the form of a check payable to petitioner, Cathy Boyd. 

III. Summary of Recommended Payments Following Judgment 

 Lump sum payable to petitioner, Cathy Boyd: $ 50,500.00

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 

TRACI R. PATTON 

Assistant Director 

Torts Branch, Civil Division 

s/ Sarah C. Duncan 

 SARAH C. DUNCAN 

 Trial Attorney 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

 Tel: (202) 514-9729 

Email: sarah.c.duncan@usdoj.gov 

DATED: October 28, 2021