The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-622V
SHARICE BROWN, Chief Special Master Corcoran
Petitioner, Filed: April 30, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES 1
On June 6, 2022, Sharice 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 Table injury – a shoulder injury
related to vaccine administration (“SIRVA”) - as a result of her receipt of the flu vaccine
on November 20, 2020. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters. Because the parties could not informally resolve the
issue of damages, they were ordered to file briefs setting forth their respective arguments
and were notified that I would resolve this dispute via an expedited “Motions Day” hearing,
which took place on April 30, 2025.
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).
Petitioner seeks an award of $95,000.00 in compensation for Petitioner’s actual
pain and suffering, while Respondent recommends an award of $72,500.00. (Pain and
suffering was the only element of damages in dispute at the hearing). 3
At the April 30, 2025 hearing, I issued an oral ruling on damages constituting my
findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A). An official
recording of the proceeding was taken by a court reporter, although a transcript has not
yet been filed in this matter. I hereby fully adopt and incorporate that oral ruling as officially
recorded. As discussed during my oral ruling, in another recent decision I discussed at
length the legal standard to be considered in determining damages and prior SIRVA
compensation within SPU. I fully adopt and hereby incorporate my prior discussion in
Sections I and II of Timberlake v. Sec'y of Health & Hum. Servs., No. 20-1905V, 2025 WL
721730, at *1-3 (Fed. Cl. Spec. Mstr. Feb. 19, 2025) to the instant ruling and decision.
Additionally, the official recording of my oral ruling includes my discussion of various
comparable cases as well as specific facts relating to Petitioner’s medical history and
experience that further informed my decision awarding damages herein.
Based on my consideration of the complete record as a whole and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $80,000.00
represents a fair and appropriate amount of compensation for Petitioner’s actual
pain and suffering. 4 I also find that Petitioner is entitled to $1,829.76 in actual
unreimbursable expenses.
Accordingly, I award Petitioner a lump sum of $81,829.76 (representing an
award of $80,000.00 for pain and suffering, and $1,829.76 in actual unreimbursable
expenses) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA
account for prompt disbursement. This amount represents compensation for all
damages that would be available under Section 15(a).
3
The parties have agreed to an award of $1,829.76 for unreimbursed expenses.
4
Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
2
The Clerk of Court is directed to enter judgment in accordance with this Decision. 5
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
5
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.
3