The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1748V
ANIFE TASHI, Chief Special Master Corcoran
Petitioner, Filed: March 12, 2026
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 October 25, 2024, Anife Tashi 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”) as the result of an influenza (“flu”) vaccination received on
October 15, 2022. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On July 7, 2025, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On March 11, 2026, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $110,000.00 for pain
and suffering, $432.52 for unreimbursed expenses, and $10,745.91 to satisfy the State
of Ohio Medicaid lien. Proffer at 1-2. In the Proffer, Respondent represented that
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 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 the following
compensation:
a. A lump sum payment of $110,432.52, 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 $10,745.91, representing compensation for
satisfaction of the State of Ohio Medicaid lien, to be paid through an
ACH deposit to Petitioner’s counsel’s IOLTA account for prompt
disbursement to:
Ohio Tort Recovery Unit
P.O. Box 166529
Irving, TX 75016
Petitioner agrees to endorse this payment to Treasurer, State of Ohio.
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
ANIFE TASHI,
Petitioner, No. 24-1748V
Chief Special Master Corcoran
v. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 3, 2025, 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. 20.
Thereafter, on July 7, 2025, 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. 21-22.
I. Compensation for Vaccine Injury-Related Items
Based on the evidence of record, respondent proffers that petitioner should be awarded
$110,432.52, which is comprised of damages for pain and suffering ($110,000.00) and
unreimbursed expenses ($432.52). 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
Ohio Medicaid lien in the amount of $10,745.91, which represents full satisfaction of any right
of subrogation, assignment, claim, lien, or cause of action the state of Ohio may have against any
individual as a result of any Medicaid payments that the state of Ohio has made to or on behalf
of Anife Tashi 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 October 15, 2022, under Title
XIX of the Social Security Act. Petitioner agrees.
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 $110,432.52, to be paid through an ACH deposit
to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. 1
Petitioner agrees.
(2) A lump sum payment of $10,745.91, representing compensation for satisfaction
of the state of Ohio Medicaid lien, to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to:
Ohio Tort Recovery Unit
P.O. Box 166529
Irving, TX 75016
Petitioner agrees to endorse this payment to Treasurer, State of Ohio.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
JONATHAN D. GUYNN
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
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 pain and
suffering.
2
LARA A. ENGLUND
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: March 11, 2026
3
CERTIFICATE OF SERVICE
I certify that today, March 11, 2026, a copy of the foregoing pleading was served by
electronic mail to Patrick Kelly at pkelly@ccandh.com.
s/ Mallori B. Openchowski
4