In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-1925V

UNPUBLISHED

KATHLYN BIRCH,

Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: June 15, 2022

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

Petitioner.

Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On December 17, 2018, Kathlyn Birch 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 shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that was administered 

to her on October 6, 2017. Petition at 1. The case was assigned to the Special Processing 

Unit of the Office of Special Masters.

On November 19, 2021, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On June 10, 2022, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $47,500.00 in

pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

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 $47,500.00 (for pain and suffering) 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 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 

************************************* 

KATHLYN BIRCH, *

* 

 Petitioner, * No. 18-1925V 

 * Chief Special Master Corcoran

v. * 

 * 

SECRETARY OF HEALTH AND * 

HUMAN SERVICES, * 

 * 

 Respondent. * 

************************************* 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On November 10, 2021, respondent filed a Rule 4(c) Report, conceding that petitioner’s 

claim meets the Table criteria for a SIRVA injury. On November 19, 2021, the Court issued a 

Ruling on Entitlement finding petitioner entitled to compensation under the Vaccine Act.1 

I. Items of Compensation 

Pain and Suffering 

Respondent proffers that petitioner should be awarded $47,500.00 in pain and suffering. 

See 42 U.S.C. § 300aa-15(a)(4). The above amount represents all elements of compensation to 

which petitioner would be 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 petitioner be awarded a lump sum payment of $47,500.00, in the 

form of a check payable to petitioner. Petitioner agrees.

1

 During the pendency of this case, petitioner was married, and on June 9, 2022, the caption was amended to change 

her name from Kathlyn Haynes to Kathlyn Birch. 
2 

Respectfully submitted, 

BRIAN M. BOYNTON 

Principal Deputy Assistant Attorney General 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

HEATHER L. PEARLMAN 

Deputy Director 

Torts Branch, Civil Division 

 

 ALEXIS B. BABCOCK 

 Assistant Director 

 Torts Branch, Civil Division 

 /s/ DEBRA A. FILTEAU BEGLEY 

 DEBRA A. FILTEAU BEGLEY 

 Senior Trial Attorney 

 Torts Branch, Civil Division 

 U.S. Department of Justice 

 P.O. Box 146 

 Benjamin Franklin Station 

 Washington, D.C. 20044-0146 

 Phone: (202) 616-4181 

Dated: June 10, 2022