In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-2001V 

UNPUBLISHED 

LESLIE KRAUS, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: January 31, 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. 

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION AWARDING DAMAGES1

 On December 21, 2017, Leslie Kraus 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 from a shoulder injury related to 

vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on 

September 26, 2016. Petition at 1 (Preamble). The case was assigned to the Special 

Processing Unit of the Office of Special Masters. 

On September 2, 2021, a ruling on entitlement was issued finding Petitioner 

entitled to compensation for SIRVA. On January 31, 2022, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded a total of 

$61,042.98 consisting of $60,000.00 in actual and projected pain and suffering and 

$1,042.98 in past unreimbursable expenses. Proffer at 2. In the Proffer, Respondent 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

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 $61,042.98 (consisting of $60,000.00 in actual and projected pain 

and suffering and $1,042.98 in past unreimbursable expenses) 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.
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THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

LESLIE KRAUS,

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

No. 17-2001V

Chief Special Master Corcoran

PROFFER ON AWARD OF DAMAGES

On December 21, 2017, Leslie Kraus (“petitioner”) filed a petition for compensation 

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (“the 

Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34. The Petition alleges that petitioner 

suffered from a shoulder injury related to vaccine administration (“SIRVA”) as a result of an 

influenza (“flu”) vaccine administered to her in her right arm on September 26, 2016. See

Petition at Preamble. The Court found petitioner entitled to compensation on September 2, 2021. 

ECF No. 59. 

I. Items of Compensation 

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $60,000.00 in actual and projected 

pain and suffering. This amount reflects that any award for projected pain and suffering has 

been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents his expenditure of past unreimbursable 

expenses related to his vaccine-related injury. Respondent proffers that petitioner should be 

awarded past unreimbursable expenses in the amount of $1,042.98. Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $61,042.98 in the form of a check made payable to petitioner.1

This lump sum payment represents all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

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

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

 1

 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the 

Court for appropriate relief. In particular, respondent would oppose any award for future 

medical expenses, future lost earnings, and future pain and suffering.
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s/Jennifer L. Reynaud

JENNIFER L. REYNAUD

Senior 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) 305-1586

Jennifer.L.Reynaud@usdoj.gov

DATED: January 31, 2022