The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0353V
LISA BLUNT, Chief Special Master Corcoran
Petitioner, Filed: October 19, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Heather Varney Menezes, Shaheen & Gordon, P.A., Manchester, NH, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On March 27, 2020, Lisa Blunt 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”), a defined Table Injury, after receiving the influenza (“flu”)
vaccine on September 28, 2018. Petition at 1, ¶ 3, ECF No. 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On July 22, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. On October 19, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $125,000.00 for pain
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).
and suffering.3 Proffer at 1-2. In the Proffer, Respondent represented that Petitioner
agrees with the proffered award. Id. at 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 $125,000.00, for pain and suffering, in the form of a check payable
to Petitioner. This amount represents compensation for all damages that would be
available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The Proffer does not specify whether this total amount was for past pain and suffering or involved a portion
awarded for future pain and suffering.
4 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
LISA BLUNT,
Petitioner, No. 20-353V
Chief Special Master Corcoran
v. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History and Items of Compensation
On April 5, 2021, the Chief Special Master issued a Fact Ruling, finding that the onset of
petitioner’s alleged shoulder injury occurred within the 48-hour Table time frame for a Shoulder
Injury Related to Vaccine Administration (“SIRVA”). ECF No. 24. On July 14, 2021,
respondent filed his Vaccine Rule 4(c) report, and requested that the Court issue a ruling on the
record. Thereafter, on July 22, 2021, the Chief Special Master issued a Ruling on Entitlement
finding that petitioner was entitled to vaccine compensation for her right Shoulder Injury Related
to Vaccine Administration (“SIRVA”). ECF Nos. 30, 32. Based on the evidence of record,
respondent proffers that petitioner should be awarded $125,000.00, which is comprised of
damages for pain and suffering. 1 This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 2 Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $125,000.00, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
1
The parties have no objection to the amount of the proffered award of damages. However,
respondent reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Chief
Special Master’s July 22, 2021 entitlement decision, incorporating the April 5, 2021 Fact Ruling.
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 lost earnings
and future pain and suffering.
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
mallori.b.openchowski@usdoj.gov
DATED: October 19, 2023