VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01823
Package ID: USCOURTS-cofc-1_20-vv-01823
Petitioner: Amanda Washkalavitch
Filed: 2020-12-10
Decided: 2022-06-16
Vaccine: influenza
Vaccination date: 2019-10-04
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Amanda Washkalavitch filed a petition for compensation under the National Vaccine Injury Compensation Program on December 10, 2020. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 4, 2019. The injury met the Table definition for SIRVA. Respondent conceded that Petitioner was entitled to compensation, agreeing that her injury satisfied the criteria in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. On March 18, 2022, the Chief Special Master issued a ruling on entitlement, finding Petitioner entitled to compensation. Subsequently, on May 2, 2022, Respondent filed a proffer on award of compensation, proposing an award of $60,000.00 for pain and suffering, which Petitioner agreed to. On June 16, 2022, the Chief Special Master issued a decision awarding Petitioner a lump sum payment of $60,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01823-0
Date issued/filed: 2022-04-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/18/2022) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01823-UNJ Document 25 Filed 04/22/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1823V
UNPUBLISHED
AMANDA WASHKALAVITCH, Chief Special Master Corcoran
Petitioner, Filed: March 18, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 10, 2020, Amanda Washkalavitch 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 left shoulder injury related to
vaccine administration (“SIRVA”), which meets the Table definition for SIRVA, after
receiving the influenza vaccine on October 4, 2019. Petition at 1, ¶¶ 2, 16. Petitioner
further alleged that she received the vaccination in the United States, that she suffered
the residual effects of her SIRVA for more than six months, and that neither she nor any
other party has filed a civil action or received compensation for her SIRVA. Petition at ¶¶
2, 12-14. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
1 Because this unpublished Ruling 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 Ruling 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 (2012).

Case 1:20-vv-01823-UNJ Document 25 Filed 04/22/22 Page 2 of 2
On March 18, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at
1. Specifically, Respondent believes “that [P]etitioner has satisfied the criteria set forth in
the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”)
for SIRVA.” Id. at 5.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01823-1
Date issued/filed: 2022-06-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/02/2022) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01823-UNJ Document 31 Filed 06/16/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1823V
UNPUBLISHED
AMANDA WASHKALAVITCH, Chief Special Master Corcoran
Petitioner, Filed: May 2, 2022
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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 10, 2020, Amanda Washkalavitch 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 alleged that she suffered a left shoulder injury related to
vaccine administration (“SIRVA”), which meets the Table definition for SIRVA, after
receiving the influenza vaccine on October 4, 2019. Petition at 1, ¶¶ 2, 16. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 18, 2022, I issued a ruling on entitlement, finding Petitioner entitled to
compensation for her SIRVA. On May 2, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $60,000.00,
representing compensation for her pain and suffering. Proffer at 1. In the Proffer,
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01823-UNJ Document 31 Filed 06/16/22 Page 2 of 5
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 $60,000.00, representing compensation for her pain and suffering
in the form of a check payable 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

Case 1:20-vv-01823-UNJ Document 31 Filed 06/16/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
AMANDA WASHKALAVITCH, )
)
Petitioner, ) No. 20-1823V
) Chief Special Master Corcoran
v. ) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 10, 2020, Amanda Washkalavitch (“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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine on October 4, 2019. Petition at 1. On March 18, 2022, 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 the
same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 21; ECF No. 22.
I. Items of Compensation
Pain and Suffering
Based on the evidence of record, respondent proffers that petitioner should be awarded
$60,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01823-UNJ Document 31 Filed 06/16/22 Page 4 of 5
This amount 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 a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $60,000.00, in the form of a
check payable to petitioner.
Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Amanda Washkalavitch: $60,000.00.
Respectfully Submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant 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 lost earnings
and future pain and suffering.

Case 1:20-vv-01823-UNJ Document 31 Filed 06/16/22 Page 5 of 5
s/ Matthew L. Murphy
Matthew L. Murphy
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4840
matthew.murphy@usdoj.gov
DATED: May 2, 2022