In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1458V

UNPUBLISHED

MICHAEL CONLEY, as Personal 

Representative of the Estate of KAREN 

CONLEY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 10, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine and 

Pneumococcal Conjugate Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Sean Franks Greenwood, Greenwood Law Firm, Houston, TX, for petitioner.

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

DECISION AWARDING DAMAGES1

On September 23, 2019, Karen Conley2filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3(the 

“Vaccine Act”). Petitioner alleged that she suffered that she suffered from a shoulder 

injury related to vaccine administration (SIRVA) after receiving a flu and pneumonia 

vaccine on December 2, 2018. Petition at 1. Petitioner further alleges that the vaccine 

was administered in the United States, Petitioner’s injuries lasted for more than six 

months, and that neither she nor any member of her family received any type of award, 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 Karen Conley passed away during the pendency of this matter. On March 4, 2021, Petitioner’s son, 

Michael Conley was substituted as the petitioner, as personal representative of Karen Conley’s estate.

3 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

judgment, or settlement for her injuries. Petition at 1, 4. The case was assigned to the 

Special Processing Unit of the Office of Special Masters.

On February 4, 2021, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for right shoulder SIRVA. On March 5, 2021, Respondent filed a proffer 

on award of compensation (“Proffer”) indicating Petitioner should be awarded $60,000.00.

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 $60,000.00 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.4

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

4 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

__________________________________________ 

) 

MICHAEL CONLEY, as Representative of the ) 

Estate of KAREN CONLEY, ) 

) 

Petitioner, ) 

) No. 19-1458V (ECF)

v. ) Chief Special Master Corcoran 

) 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

) 

Respondent. ) 

__________________________________________) 

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On January 25, 2021, 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”). On February 4, 2021, the Court entered its 

Ruling on Entitlement, finding petitioner entitled to Vaccine Act compensation. Respondent 

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

$60,000.00 in the form of a check payable to petitioner, Michael Conley, as Representative of 

the Estate of Karen Conley.1 This amount represents compensation for all elements of 

compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.2

1

 Petitioner has filed as Exhibit 14 in this matter Letters of Administration issued by the Fourth 

Judicial District Court, San Miguel County, New Mexico, showing that petitioner has been 

appointed to serve as the personal representative of the estate of Karen Stuart Conley pursuant to 

New Mexico Code Section 45-3-715 NMSA 1978. 

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. 
2 

Petitioner agrees with the proffered award of $60,000.00.3

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Acting Deputy 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 

Voris.Johnson@usdoj.gov 

Dated: March 5, 2021 

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).