CARAFOS v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-2011V
MARY CARAFOS,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 8, 2025
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On December 6, 2024, Mary Carafos 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 from a shoulder injury related to
vaccine 	administration 	(“SIRVA”) 	as 	a 	result 	of 	an 	influenza 	(“flu”) 	vaccination
administered to her on December 8, 2022. Pet., ECF No. 1. Petitioner further alleges that
the vaccine was received in the United States, she suffered sequela of her injury for more
than 	six 	months, 	and 	neither 	Petitioner 	nor 	any 	other 	party 	has 	ever 	received
compensation in the form of an award or settlement for her vaccine-related injury. Id. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 18, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. ECF No. 20. On December 8, 2025, Respondent filed a
Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
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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$105,000.00 in pain and suffering and $980.21 in past unreimbursable expenses. Proffer
at 1-2, ECF No. 24. In the Proffer, Respondent represented that Petitioner agrees with
the proffered award. See 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 $105,980.21 for pain and suffering and past unreimbursable
expenses 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-02011-UNJ Document 31 Filed 01/09/26 Page 2 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARY CARAFOS,
Petitioner,
v.
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
No. 24-2011V (ECF)
Chief Special Master Corcoran
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 6, 2024, Mary Carafos (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to
-34 (“Vaccine Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine that she received on December 8, 2022. ECF No. 1 at 1. On August 14,
2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) report
indicating that this case was appropriate for compensation under the terms of the Vaccine Act for
a SIRVA Table Injury. ECF No. 18. On August 18, 2025, Chief Special Master Corcoran issued
a Ruling on Entitlement finding that petitioner was entitled to compensation. ECF No. 20.
I. 	Items of Compensation
A. 	Pain and Suffering
Respondent proffers that petitioner should be awarded $105,000.00 for pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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B. 	Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses pertaining to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $980.21. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is 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 following:1 a lump sum payment of $105,980.21, to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
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
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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VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
/s/ Benjamin P. Warder
BENJAMIN P. WARDER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Telephone: (202) 532-5464
DATE: December 8, 2025 	Email: Benjamin.P.Warder@usdoj.gov
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