BROWN v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-2077V
KATRINA BROWN,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 2, 2025
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 17, 2024, Katrina Brown 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”) following an influenza vaccination she received on December
22, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On August 5, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On December 1, 2025, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $67,500.00 for
pain and suffering. 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.
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).
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2
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $67,500.00 for pain and suffering, 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.
Case 1:24-vv-02077-UNJ Document 32 Filed 01/15/26 Page 2 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KATRINA BROWN,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
No. 24-2077V
Chief Special Master Corcoran
ECF
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 17, 2024, Katrina Brown (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act. See 42 U.S.C. §§ 300aa-1 to -34, as amended
(“Vaccine Act”). Petitioner alleges that she suffered from a shoulder injury related to vaccine
administration (“SIRVA”), as defined in the Vaccine Injury Table (“Table”), following the
administration of the influenza (“flu”) vaccine on December 22, 2021. 42 C.F.R.
§ 100.3(a)(XIV)(B); Petition at 1. On August 4, 2025, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report conceding entitlement to compensation under
the terms of the Act for a SIRVA Table injury, and, on August 5, 2025, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 16; ECF
No. 18.
I. 	Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$67,500.00 for 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.
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II. 	Form of the Award
Respondent recommends that compensation provided to petitioner should be made
through one lump sum payment and requests that the Chief Special Master’s decision and the
Court’s judgment award the following: 1 a lump sum payment of $67,500.00 to be paid through
an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Felicia D. Langel
FELICIA D. LANGEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 451-7659
felicia.d.langel@usdoj.gov
DATED: December 1, 2025
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.
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