The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1671V
JULIE BROWN, Chief Special Master Corcoran
Petitioner,
v. Filed: September 6, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On September 28, 2023, Julie Brown 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 the result of an influenza (“flu”) vaccine received on October
28, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On June 28, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On September 5, 2024, Respondent filed a Proffer on
award of compensation (“Proffer”). Respondent represented that Petitioner agrees with
the proffered award. Id. at 1 – 2. Based on the record as a whole, I find that Petitioner is
entitled to an award as stated in the Proffer.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).
Pursuant to the terms stated in the Proffer, I award the following compensation:
A lump sum of $107,203.17 (representing $105,000.00 for pain and suffering,
and $2,203.17 for past unreimbursable expenses) in the form of a check payable to
Petitioner. Proffer at 1 – 2. This amount represents compensation for all damages that
would be available under Section 15(a). Id.
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.
2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JULIE BROWN,
Petitioner,
v. No. 23-1671V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 28, 2023, Julie Brown (“petitioner”) filed a petition for compensation
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, alleging that she suffered a left-sided shoulder injury
related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, following
administration of an influenza (“flu”) vaccination that she received on October 28, 2021. ECF
No. 1 at 1. On June 18, 2024, respondent filed a Rule 4(c) Report recommending that
compensation be awarded. ECF No. 23. That same day, Chief Special Master Corcoran issued a
Ruling on Entitlement, agreeing with respondent that petitioner is entitled to compensation. ECF
No. 25.
I. Items of Compensation
a. Pain and Suffering
Respondent proffers that petitioner should be awarded $105,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
b. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses pertaining to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the total amount of $2,203.17 (representing $2,125.95
for past out-of-pocket expenses and $77.22 for past mileage). See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. §300aa-15(a). 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 petitioner should be made through
one lump sum payment as described below and requests that the Chief Special Master’s decision
and the Court’s judgment award the following:1
One lump sum payment of $107,203.17, in the form of a check payable to petitioner.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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.
2
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
/s/ Joseph Leavitt
JOSEPH D. LEAVITT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
Email: joseph.leavitt@usdoj.gov
Dated: September 5, 2024
3