The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1315V
STEPHANIE BENNETT, Chief Special Master Corcoran
Petitioner, Filed: February 20, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On August 15, 2023, Stephanie Bennett 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”) resulting from an influenza (“flu”) vaccine received on October
19, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On May 29, 2024, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On February 20, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $95,062.42. Proffer at
1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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).
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 $95,062.42 (comprised of $92,500.00 for pain and suffering,
$226.08 for unreimbursed expenses, and $2,336.34 for lost earnings), to be paid
through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt
disbursement 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.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
STEPHANIE BENNETT,
Petitioner, No. 23-1315V
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 May 28, 2024, respondent filed his Vaccine Rule 4(c) report, and conceded that
entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 24.
Thereafter, on May 29, 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. 25-26. Based on the evidence of record,
respondent proffers that petitioner should be awarded $95,062.42, which is comprised of
damages for pain and suffering ($92,500.00), unreimbursed expenses ($226.08), and lost
earnings ($2,336.34). This amount represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). 1 Petitioner agrees.
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.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $95,062.42 to be paid through an ACH deposit to petitioner’s counsel’s
IOLTA account for prompt disbursement to petitioner.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
JULIA M. COLLISON
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: February 20, 2025