VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00425
Package ID: USCOURTS-cofc-1_22-vv-00425
Petitioner: Sherri Smilow
Filed: 2022-04-12
Decided: 2023-10-23
Vaccine: influenza
Vaccination date: 2020-09-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Sherri Smilow filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 12, 2020. The case was assigned to the Special Processing Unit. On September 11, 2023, a ruling on entitlement was issued, finding Ms. Smilow entitled to compensation for her SIRVA, which is a defined Table injury. Respondent filed a proffer on award of compensation on September 20, 2023, indicating that Ms. Smilow should be awarded $65,000.00 for past pain and suffering. The proffer stated that Ms. Smilow agreed with the proffered award. Based on the record, the Chief Special Master found Ms. Smilow entitled to the award as stated in the proffer. The decision awarded a lump sum payment of $65,000.00 for actual pain and suffering. The petition was filed on April 12, 2022, and the decision awarding damages was issued on October 23, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00425-0
Date issued/filed: 2023-10-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/20/2023) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00425-UNJ Document 27 Filed 10/23/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0425V
SHERRI SMILOW, Chief Special Master Corcoran
Petitioner, Filed: September 20, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 12, 2022, Sherri Smilow 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”), a defined Table injury, after receiving an influenza (“flu”)
vaccine on September 12, 2020. Petition at 1, ¶¶ 1, 19. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 11, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On September 20, 2023, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$65,000.00 for past pain and suffering. Proffer at 2. In the Proffer, Respondent
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).

Case 1:22-vv-00425-UNJ Document 27 Filed 10/23/23 Page 2 of 5
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 $65,000.00 for actual 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 1:22-vv-00425-UNJ Document 27 Filed 10/23/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
SHERRI SMILOW, )
)
Petitioner, ) No. 22-425V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On April 12, 2022, Sherri Smilow (“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 she suffered a Table shoulder injury related to vaccine administration
(“SIRVA”), as the result of an influenza (“flu”) vaccination received on September 12, 2020.
Petition at 1. On September 11, 2023, respondent filed his Vaccine Rule 4(c) Report, concluding
that petitioner suffered from SIRVA as defined by the Vaccine Injury Table, within the Table
timeframe. ECF No. 19. The same day, Chief Special Master Corcoran issued a ruling on
entitlement, finding that petitioner was entitled to compensation for a SIRVA Table injury. ECF
No. 20.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:22-vv-00425-UNJ Document 27 Filed 10/23/23 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $65,000.00, representative of past pain and suffering. This amount represents all
elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
III. Form of the Award
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 following: A lump sum payment of $65,000.00 in
the form of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:22-vv-00425-UNJ Document 27 Filed 10/23/23 Page 5 of 5
s/ Joseph A. Lewis
JOSEPH A. LEWIS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146,
Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 451-7495
E: joseph.a.lewis@usdoj.gov
DATED: September 20, 2023
3