In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1268V

UNPUBLISHED

LORI A. HILDEBRAND,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 11, 2020

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Jeffrey A. Golvash, Golvash & Epstein, LLC, Pittsburgh, PA, for petitioner.

Laurie Wiesner, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On August 22, 2018, Lori Hildebrand 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 her September 23, 2016 influneza (“flu”) 

vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the 

Office of Special Masters.

On October 25, 2019, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On March 9, 2020, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $66,000.00 

in actual and projected pain and suffering. This amount reflects that the award for 

projected pain and suffering has been reduced to net present value. Proffer at 1-2. In 

the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

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 $66,000.00 (representing compensation for Petitioner’s actual 

and projected pain and suffering) 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

____________________________________

)

LORI HILDEBRAND, )

)

)

Petitioner, )

) No. 18-1268V

v. ) Chief Special Master Corcoran

) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. )

____________________________________) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On August 22, 2018, Lori Hildebrand (“petitioner”) filed a petition for 

compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 

300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury 

Related to Vaccine Administration (“SIRVA”) as a result of an influenza vaccine she 

received on September 23, 2016. Petition at 3-5. On October 24, 2019, the Secretary of 

Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this 

case is appropriate for compensation under the terms of the Act, and on October 25, 

2019, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled 

to compensation. ECF No. 32; ECF No. 33. 

I. Item of Compensation

Respondent proffers that Lori Hildebrand should be awarded $66,000.00 in actual 

and projected pain and suffering. This amount reflects that the award for projected pain and 

suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner 

agrees. 
II. Form of the Award

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

case. Respondent recommends that the compensation provided to Lori Hildebrand 

should be made through a lump sum payment as described below and request that the 

Chief Special Master’s decision and the Court’s judgment award the following1

: a lump 

sum payment of $66,000.00, representing compensation for pain and suffering, in the 

form of a check payable to petitioner, Lori Hildebrand. 

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Lori Hildebrand: $66,000.00

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

HEATHER PEARLMAN

Assistant Director

Torts Branch, Civil Division

 1 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 

lost earnings and future pain and suffering. 
s/Laurie Wiesner

LAURIE WIESNER

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

Ben Franklin Station, P.O. Box 146

Washington, D.C. 20044-0146

Tel.: (202) 305-0253

DATE: March 9, 2020