In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1069V

UNPUBLISHED

LISA KAISER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: November 19, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On July 24, 2019, Lisa Kaiser 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 Table injury – Shoulder Injury Related to 

Vaccine Administration (“SIRVA”) – as a result of her November 3, 2016 influneza (“flu”) 

vaccination. 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 November 17, 2021, Respondent filed a Rule 

4(c) Report and Proffer of Compensation (“Proffer”) indicating Petitioner should be 

awarded $116,085.52 (representing $110,000.00 for pain and suffering, $4,085.52 for 

past unreimbursed expenses, and $2,000.00 for lost earnings). Proffer at 8-9. In the 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

300aa (2012).
2

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 Proffer, I award Petitioner a lump sum 

payment of $116,085.52 (representing $110,000.00 for pain and suffering, $4,085.52 

for past unreimbursed expenses, and $2,000.00 for lost earnings) 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 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.