The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0681V
JACQUELINE SCHWEICHLER,
Chief Special Master Corcoran
Petitioner,
v. Filed: August 6, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On June 17, 2022, Jacqueline Schweichler filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). She filed an amended petition on February 6, 2023. ECF No. 15. Petitioner
alleged that she suffered a left shoulder injury related to vaccine administration (“SIRVA”),
a defined Table injury, or in the alternative a causation-in-fact injury, after receiving an
influenza vaccine on October 13, 2021. Amended Petition at 1, ¶¶ 1, 8. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On February 21, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her Table SIRVA. On August 6, 2025, Respondent filed a
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).
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$121,274.29, representing $115,000.00 for pain and suffering and $6,274.29 for
unreimbursed expenses. Proffer at 1. 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 a lump
sum payment of $121,274.29, representing $115,000.00 for pain and suffering and
$6,274.29 for unreimbursed expenses, 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
JACQUELINE SCHWEICHLER,
Petitioner, No. 22-681V
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 February 20, 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. 26.
Thereafter, on February 21, 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. 27-28.
Based on the evidence of record, respondent proffers that petitioner should be awarded
$121,274.29, which is comprised of damages for pain and suffering ($115,000.00) and
unreimbursed expenses ($6,274.29). 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 $121,274.29, to be paid through an ACH deposit to petitioner’s counsel’s
IOLTA account for prompt disbursement to petitioner. Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
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: August 6, 2025