In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 18-1143V 

UNPUBLISHED 

IRIS J. JACKSON, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: January 6, 2020 

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA) 

 

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner. 

Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for 

respondent. 

DECISION AWARDING DAMAGES1

 On August 6, 2018, Iris J. Jackson 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 she received on 

September 25, 2017. Petition at 1. The case was assigned to the Special Processing 

Unit of the Office of Special Masters. 

On July 25, 2019, a ruling on entitlement was issued, finding Petitioner entitled to 

compensation for SIRVA. On January 3, 2020, Respondent filed a proffer on award of 

compensation (“Proffer”) indicating Petitioner should be awarded a total of $124,348.79, 

representing compensation for Petitioner’s actual and projected pain and suffering 

 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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

($120,000.00) and past unreimbursable expenses ($4,348.79). Proffer at 2. 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 $124,348.79, (representing compensation for pain and suffering 

($120,000.00) and past unreimbursable expenses ($4,348.79)) 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 

IRIS J. JACKSON, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

) 

) 

) 

) 

) No. 18-1143V 

) Chief Special Master Corcoran 

) ECF 

) 

) 

) 

) 

) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

 On August 6, 2018, Iris J. Jackson (“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 right shoulder injury as a result of an influenza (“flu”) 

vaccine administered on September 25, 2017. On July 25, 2019, the Chief Special Master issued 

a Ruling on Entitlement finding petitioner entitled to compensation. 

I. Items of Compensation 

A. Pain and Suffering 

Respondent proffers that petitioner should be awarded $120,000.00 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. 

B. Unreimbursable Expenses 

Evidence supplied by petitioner documents petitioner’s unreimbursable expenses as a 

result of her vaccine injury. Respondent proffers that petitioner should be awarded 
2 

unreimbursable expenses in the amount of $4,348.79, as provided under the Vaccine Act, 42 

U.S.C. § 300aa-15(a)(1)(B). 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 $124,348.79, representing 

compensation for pain and suffering ($120,000.00), and past unreimbursable expenses 

($4,348.79), in the form of a check payable to petitioner, Iris J. Jackson. 

III. Summary of Recommended Payments Following Judgment 

Lump sum payable to petitioner, Iris J. Jackson: $124,348.79 

 

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/ Catherine E. Stolar 

CATHERINE E. STOLAR 

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) 353-3299 

Fax: (202) 616-4310 

 Email: catherine.stolar@usdoj.gov 

DATED: 1/3/2020