In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1502V

UNPUBLISHED

MIYEITA MAGEE,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: November 20, 2019

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.

Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On September 28, 2018, Miyeita Magee 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). Petition at 1. The case was assigned to the Special 

Processing Unit of the Office of Special Masters.

On August 13, 2019, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for a SIRVA. On November 20, 2019, Respondent filed a 

proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded 

$110,909.00. Proffer at 1. This amount consists of $107,500.00 for pain and suffering, 

$3,059.00 for past lost earnings, and $350.00 for past unreimbursed expenses. Id. In

 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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

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 $110,909.00 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

__________________________________________

)

MIYEITA MAGEE, )

)

Petitioner, )

) No. 18-1502V (ECF)

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF DAMAGES

On August 6, 2019, respondent, the Secretary of Health and Human Services, filed his 

Rule 4(c) Report conceding entitlement to compensation in this matter alleging a Shoulder Injury 

Related to Vaccine Administration following an influenza vaccination. On August 13, 2019, the 

Court entered its Ruling on Entitlement, finding petitioner Miyeita Magee entitled to Vaccine 

Act compensation. Respondent now proffers that petitioner receive a compensation award

consisting of a lump sum of $110,909.00 in the form of a check payable to petitioner, Miyeita 

Magee.

1

 This amount consists of $107,500.00 for pain and suffering, $3,059.00 for past lost 

earnings, and $350.00 for past unreimbursed expenses, and represents compensation for all 

elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.2

Petitioner agrees with the proffered award of $110.909.00.

3

 

1

 Petitioner is a competent adult. No guardianship is required.

2

 Should petitioner die prior to entry of judgment, respondent would oppose any award for 

future medical expenses, future lost earnings, and future pain and suffering, and the parties 

reserve the right to move the Court for appropriate relief.

3

 This proffer does not include any award for attorneys’ fees and costs that may be awarded 

pursuant to 42 U.S.C. § 300aa-15(e). 
2

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

GABRIELLE M. FIELDING

Assistant Director

Torts Branch, Civil Division

s/Voris E. Johnson, Jr. 

VORIS E. JOHNSON, JR.

Senior Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Ben Franklin Station

Washington, D.C. 20044-0146

Direct dial: (202) 616-4136

Dated: November 20, 2019