The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1692V
MELINDA BOARDS, Chief Special Master Corcoran
Petitioner, Filed: March 31, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES 1
On September 29, 2023, Melinda Boards 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 that she suffered a Table injury - shoulder injury
related to vaccine administration (“SIRVA”) as a result of the administration of an
influenza (“flu”) vaccination on September 27, 2022. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On December 30, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 27, 2025, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $70,000.00 in
pain and suffering, and $5,408.21 representing compensation for satisfaction of the
Commonwealth of Kentucky Medicaid lien. Proffer at 1-2. In the Proffer, Respondent
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).
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, Petitioner is awarded:
A. A lump sum payment of $70,000.00 (for pain and suffering) to be paid through
an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt
disbursement to Petitioner.
B. A lump sum payment of $5,408.21, representing compensation for
satisfaction of the Commonwealth of Kentucky Medicaid lien, in the form of
a check payable jointly to Petitioner and Humana. “Event Number: 12409863-
12433633” shall also be included on the check.
Petitioner agrees to endorse the check to Humana for satisfaction of the
Commonwealth of Kentucky Medicaid lien and send it to the following
address:
Humana Subrogation & Other Third Party Liability 004/48120
Patient: Melinda Boards
Event Number: 12409863-12433633
P.O. Box 2257
Louisville, KY 40201-2257
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
)
MELINDA BOARDS, )
)
Petitioner, )
) No. 23-1692V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 29, 2023, Melinda Boards (“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 Table shoulder injury related to vaccine
administration (“SIRVA”), as the result of an influenza vaccine received on September 27, 2022.
Petition at 1. On December 27, 2024, 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 for a SIRVA Table injury, and on December 30, 2024, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
No. 24; ECF No. 26.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $70,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the
Commonwealth of Kentucky Medicaid lien in the amount of $5,408.21 which represents full
satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the
Commonwealth of Kentucky may have against any individual as a result of any Medicaid
payments the Commonwealth of Kentucky has made to or on behalf of petitioner from the date
of her eligibility for benefits through the date of judgment in this case as a result of her alleged
vaccine-related injury suffered on or about September 27, 2022 under Title XIX of the Social
Security Act.
The above amounts represent all elements of compensation to which petitioner would be
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
lump sum payments as described below and requests that the Chief Special Master’s decision
and the Court’s judgment award the following:
A. A lump sum payment of $70,000.00 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner.
B. A lump sum payment of $5,408.21, representing compensation for satisfaction of
the Commonwealth of Kentucky Medicaid lien, in the form of a check payable
jointly to petitioner and Humana. “Event Number: 12409863-12433633” shall
also be included on the check.
Petitioner agrees to endorse the check to Humana for satisfaction of the
Commonwealth of Kentucky Medicaid lien and send it to the following address:
2
Humana Subrogation & Other Third Party Liability 004/48120
Patient: Melinda Boards
Event Number: 12409863-12433633
P.O. Box 2257
Louisville, KY 40201-2257
Attn: Kent Young
Respectfully submitted,
YAAKOV M. ROTH
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Irene A. Firippis
IRENE A. FIRIPPIS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-3250
Dated: March 27, 2025 irene.a.firippis@usdoj.gov
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