GRAHAM v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0451V
LESLIE GRAHAM,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: November 14, 2025
Joseph P. Shannon, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 10, 2025, Leslie Graham 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”) as a result of an influenza (“flu”) vaccination she received on
November 10, 2023. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On October 1, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation. On November 13, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $57,500.00, for her pain
and suffering. Proffer at 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.
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 $57,500.00, for her 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 1:25-vv-00451-UNJ Document 32 Filed 12/15/25 Page 2 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LESLIE GRAHAM,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
No. 25-451V (ECF)
Chief Special Master Corcoran
PROFFER ON AWARD OF COMPENSATION 1
On March 10, 2025, Leslie Graham (“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”), as amended, alleging that she sustained a Shoulder Injury Related to Vaccine
Administration (“SIRVA”) following receipt of an influenza (“flu”) vaccination administered on
November 10, 2023. Petition at 1 (ECF No. 1). On September 30, 2025, the Secretary of Health
and Human Services (“respondent”) filed his Rule 4(c) Report conceding that petitioner’s claim
meets the Table criteria for SIRVA. ECF No. 16. Accordingly, on October 1, 2025, the Chief
Special Master issued a Ruling on Entitlement, finding that petitioner is entitled to vaccine
compensation for SIRVA following the flu vaccine she received on November 10, 2023. ECF
No. 17.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.
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2
I. 	Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$57,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. 	Form of the Award/Recommended Payment
The parties recommend that compensation provided to petitioner should be made through
one lump sum payment as described below and request that the Chief Special Master’s decision
and the Court’s judgment award the following: 2
A lump sum payment of $57,500.00 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner, Leslie Graham.
Petitioner is a competent adult. Proof 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
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
s/Joseph Leavitt
JOSEPH LEAVITT
2 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 medical
expenses, future lost earnings, and future pain and suffering.
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3
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) 616-0515
Dated: November 13, 2025 	E: joseph.leavitt@usdoj.gov
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