The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0590V
CIARA NIELSEN, Chief Special Master Corcoran
Petitioner, Filed: November 27, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On January 12, 2021, Ciara Nielsen 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 left shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on December
13, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On August 23, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On November 27, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $55,000.00, as well
as funds to satisfy a state of Maryland Medicaid lien in the amount of $218.30. Proffer at
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).
1-2. 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 the
following:
1) A lump sum payment of $55,000.00 in the form of a check payable to
Petitioner; and
2) A lump sum payment of $218.30, representing compensation for satisfaction
of the state of Maryland Medicaid lien, payable jointly to Petitioner and to:
Wellpoint Maryland
P.O. Box 659940
San Antonio, TX 78265-9939
Petitioner agrees to endorse this payment to Wellpoint Maryland.
These amounts represent 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.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.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CIARA NIELSEN,
Petitioner, No. 21-590V
Chief Special Master Corcoran
v. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 21, 2023, respondent filed a Rule 4(c) report and motion to dismiss
petitioner’s claim. ECF No. 33. Thereafter, on July 31, 2023, petitioner moved for a ruling on
the record, to which respondent responded. ECF No. 35, 36. On August 23, 2024, the Chief
Special Master issued a Ruling on Entitlement finding that petitioner was entitled to vaccine
compensation for her left Shoulder Injury Related to Vaccine Administration (“SIRVA”). ECF
Nos. 37-38.
I. Compensation for Vaccine Injury-Related Items
Based on the evidence of record, respondent proffers that petitioner should be awarded
$55,000.00. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a), with the exception of the reimbursement of the Medicaid
lien, below. Petitioner agrees.
Respondent further proffers that petitioner should be awarded funds to satisfy a state of
Maryland Medicaid lien in the amount of $218.30, which represents full satisfaction of any right
of subrogation, assignment, claim, lien, or cause of action the state of Maryland may have
against any individual as a result of any Medicaid payments that the state of Maryland has made
to or on behalf of Ciara Nielsen from the date of her eligibility for benefits through the date of
judgment in this case as a result of her vaccine-related injury suffered on or about December 13,
2019, under Title XIX of the Social Security Act. Petitioner agrees. 1
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through
two lump sum payments as described below:
(1) The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $55,000.00, in the form of a check payable to
petitioner. 2 Petitioner agrees.
(2) A lump sum payment of $218.30, representing compensation for satisfaction of
the state of Maryland Medicaid lien, payable jointly to petitioner and to:
Wellpoint Maryland
P.O. Box 659940
San Antonio, TX 78265 - 9939
Petitioner agrees to endorse this payment to Wellpoint Maryland.
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
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 August 23, 2024 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 pain and
suffering.
2
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
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: November 27, 2024
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