In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-975V

UNPUBLISHED

PAULA D. TYSON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: July 20, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.

Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On July 9, 2018, Paula D. Tyson 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 right shoulder injuries related to 

vaccine administration (SIRVA) as a result of an influenza vaccine administered on 

February 8, 2017. Petition at 1. Petitioner further alleges that she received the vaccine 

in the United States, her injuries and sequelae lasted more than six months, no action 

has been filed for Petitioner’s vaccine-related injury, nor has she received any 

compensation in the form of award or settlement for her vaccine-related injuries. 

Petition at 1, 3. The case was assigned to the Special Processing Unit of the Office of 

Special Masters.

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

E-Government 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

On January 13, 2020, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On July 17, 2020, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $81,211.46.

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 $81,211.46 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

PAULA D. TYSON, 

Petitioner,

v. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent. 

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No. 18-975V 

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On October 25, 2019, Chief Special Master Corcoran issued a Findings of Fact, finding 

that the onset of petitioner’s right shoulder injury related to vaccine administration (“SIRVA”) 

occurred within 48 hours of vaccination. ECF No. 25 at 2, 5. On January 9, 2020, the Secretary 

of Health and Human Services (“respondent”) filed an Amended Vaccine Rule 4(c) Report 

advising that, in light of Chief Special Master Corcoran’s Findings of Fact ruling that the onset 

of petitioner’s right arm pain occurred within 48 hours of vaccination, and the medical evidence 

submitted in this case, respondent did not dispute that petitioner had satisfied all legal 

prerequisites for compensation under the Vaccine Act. ECF No. 30 at 3-4. Thereafter, on 

January 13, 2020, Chief Special Master Corcoran entered a Ruling on Entitlement, finding 

petitioner, Paula D. Tyson, entitled to Vaccine Act compensation for her Table SIRVA injury. 

ECF No. 31. 
2

I. Amount of Compensation

Respondent now proffers that, based on the Chief Special Master’s entitlement decision

and the evidence of record, petitioner should be awarded $81,211.46.1 This amount represents 

all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa15(a). Petitioner agrees. 

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made as

described below, and request that the Chief Special Master’s damages decision and the Court’s 

judgment award the following: 2 

Respondent recommends that the compensation provided to petitioner should be made 

Through a lump sum of $81,211.46 in the form of a check payable to petitioner. This amount 

represents compensation for all damages that would be available 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,

ETHAN P. DAVIS

Acting Assistant Attorney General

1

 The parties have no objection to the amount of the proffered award of damages. Assuming the 

Chief Special Master issues a damages decision in conformity with this proffer, the parties waive 

their right to seek review of such damages decision. However, respondent reserves his right, 

pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Chief Special Master’s January 13, 

2020, entitlement decision.

2

 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 medical 

expenses, future pain and suffering, and future lost wages. 
3

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

s/ Traci R. Patton 

TRACI R. PATTON

Senior Trial Attorney

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station

Washington, D.C. 20044-0146 

Telephone: (202) 353-1589 

Dated: July 17, 2020