In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1383V

UNPUBLISHED

RUTH THOMPSON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: February 18, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for 

petitioner.

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

DECISION AWARDING DAMAGES1

On September 11, 2018, 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 a left shoulder injury that was 

caused by an influenza (“flu”) vaccination in her left deltoid on November 1, 2017. 

Petition at 1. The case was assigned to the Special Processing Unit of the Office of 

Special Masters.

On September 13, 2019, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for he SIRVA. On February 13, 2020, Respondent filed a 

proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded 

$100,000.00, representing compensation for her actual and projected pain and 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

suffering.

3 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 $100,000.00, representing compensation for her actual and 

projected pain and suffering, 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

 

3 The Proffer indicates this amount has been reduced to reflect the net present value of the amount of 

compensation for Petitioner’s projected pain and suffering. See § 15(a)(4). 

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

RUTH THOMPSON,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 18-1383V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On September 11, 2018, Ruth Thompson (“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 Shoulder Injury Related to Vaccine 

Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on November 

1, 2017. Petition at 1. On September 11, 2019, 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, and on September 13, 2019, the Chief Special Master issued a Ruling 

on Entitlement finding petitioner entitled to compensation. ECF No. 28; ECF No. 29.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that Ruth Thompson should be awarded $100,000.00 in actual and 

projected pain and suffering. This amount reflects that the award for projected pain and 

suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner 

agrees.
2

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 Ruth Thompson 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 $100,000.00, 

representing compensation for pain and suffering, in the form of a check payable to petitioner, 

Ruth Thompson. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Ruth Thompson: $100,000.00

Respectfully submitted, 

JOSEPH H. HUNT

Assistant Attorney General 

C. SALVATORE D’ALESSIO

Acting Director 

Torts Branch, Civil Division 

CATHARINE E. REEVES

Deputy Director 

Torts Branch, Civil Division 

ALEXIS B. BABCOCK

Assistant 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

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

Fax: (202) 616-4310

DATED: February 13, 2020