The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1265V
UNPUBLISHED
SARAH STONE, Chief Special Master Corcoran
Petitioner, Filed: July 15, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On September 15, 2017, Sarah Stone 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”) in her left shoulder as a result of an influenza (“flu”)
vaccine she received on October 26, 2015. Petition at 1-2. Petitioner further alleges
that her vaccine related injuries have lasted more than six months. Petition at 2. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 17, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On July 9, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $111,230.02
(comprised of $97,500.00 for pain and suffering, $11,740.02 for unreimbursed out-of-
1
Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
pocket expenses, and $1,990.00 for future medical expenses). Proffer at 1-2. 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 $111,230.02 ,(comprised of $97,500.00 for pain and suffering,
$11,740.02 for unreimbursed out-of-pocket expenses, and $1,990.00 for future
medical expenses), in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under § 15(a).
The clerk of the 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
SARAH STONE,
Petitioner, No. 17-1265V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On July 16, 2018, respondent concededed that entitlement to compensation was
appropriate under the terms of the Vaccine Act. Thereafter, on July 17, 2018, former Chief
Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to
vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”).
Based on the evidence of record, respondent proffers that petitioner should be awarded
$111,230.02, which is comprised of damages for pain and suffering in the amount of $97,500.00,
damages for unreimbursed out-of-pocket medical expenses in the amount of $11,740.02, and
damages for future medical expenses in the amount of $1,990.00. 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 $111,230.02, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
ETHAN P. DAVIS
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
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
DATED: July 9, 2020