In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 18-1944V 

UNPUBLISHED 

STACY CLAYTON, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: June 3, 2020 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA) 

 

William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for 

petitioner. 

Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

 On December 19, 2018, Stacy Clayton 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”), resulting from adverse effects of an influenza (“flu”) 

vaccine she received on November 1, 2017. Petition at 1. The case was assigned to 

the Special Processing Unit of the Office of Special Masters. 

On January 14, 2019, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On June 3, 2020, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $70,082.57 

(comprised of $70,000.00 for pain and suffering, and $82.57 for past out of pocket 

medical expenses. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 “§” 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 $70,082.57 (comprised of $70,000.00 for pain and suffering and 

$82.57 for past out of pocket expenses) 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.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

STACY CLAYTON,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 18-1944V

Chief Special Master Corcoran 

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

On January 14, 2020, respondent conceded that entitlement to compensation was 

appropriate under the terms of the Vaccine Act. On the same day, Chief Special Master 

Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine 

compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based 

upon the evidence of record, respondent proffers that petitioner should be awarded $70,082.57. 

The award is comprised of the following: $70,000.00 for pain and suffering, and $82.57 for past 

out of pocket medical expenses. This 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

The parties recommend that compensation provided to petitioner should be made through 

a lump sum payment of $70,082.57, in the form of a check payable to petitioner.1 Petitioner 

agrees.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

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

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

s/ Alexis B. Babcock

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Telephone: (202) 616-7678

Dated: June 3, 2020

 

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.