In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1601V

UNPUBLISHED

SILVIA STITT,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 21, 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.

Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On October 15, 2019, Silvia Stitt 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 vaccination she received in her left arm 

on October 3, 2017. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

On January 5, 2021, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for a left SIRVA. ECF 20. On January 21, 2021, Respondent filed a 

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

$75,493.68, consisting of $75,000.00 for pain and suffering and $493.68 for past 

unreimbursed expenses. Proffer at 1. In the Proffer, Respondent represented that 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

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 $75,493.68 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

___________________________________ 

) 

SILVIA STITT, ) 

 ) 

 Petitioner, ) No. 19-1601V ECF 

 ) 

 v. ) Chief Special Master Corcoran 

 ) 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

) 

 Respondent. ) 

___________________________________ ) 

PROFFER ON AWARD OF COMPENSATION1 

I. Procedural History

 

On October 15, 2019, Silvia Stitt (“petitioner”) file a petition alleging that an influenza 

(“flu”) vaccination that she received in her left arm on October 3, 2017, caused a shoulder injury 

related to vaccine administration (“SIRVA”). See Petition. On January 5, 2021, respondent filed 

his Vaccine Rule 4(c) report, conceding a Table injury for SIRVA. ECF No. 19. On that same 

day, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was 

entitled to compensation for SIRVA. ECF No. 20. 

II. Items of Compensation 

Based upon the evidence of record, respondent proffers that petitioner should be awarded 

a lump sum of $75,493.68, consisting of $75,000.00 for pain and suffering, and $493.68 for past 

unreimbursed expenses. This amount represents all elements of compensation to which 

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

 1

 This Proffer does not include attorneys’ fees and costs, which the parties intend to 

address after the Damages Decision is issued. 
2 

III. Form of the Award 

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $75,493.68, in the form of a check payable to petitioner.2 

Petitioner agrees. 

Respectfully submitted, 

BRIAN BOYNTON 

Acting Assistant Attorney General 

C. SALVATORE D’ALESSIO 

Acting Director 

Torts Branch, Civil Division 

ALEXIS B. BABCOCK 

Acting Deputy Director 

Torts Branch, Civil Division 

 ALEXIS B. BABCOCK 

Assistant Director 

Torts Branch, Civil Division 

/s/Darryl R. Wishard 

 DARRYL R. WISHARD 

Assistant Director 

Torts Branch, Civil Division 

U. S. Department of Justice 

P.O. Box l46, Benjamin Franklin Station 

Washington, D.C. 20044-0146 

Direct dial: (202) 616-4357 

Dated: January 21, 2021 Fax: (202) 616-4310 

 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.