RICHARDSON v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0665V
SYLVIA RICHARDSON,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: November 24, 2025
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 17, 2025, Sylvia Richardson 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 a September 18, 2024 influenza (“flu”) vaccination
caused her to suffer a shoulder injury related to vaccine administration (“SIRVA”). Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On August 25, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation. On November 21, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $62,500.00, in
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 $62,500.00, in 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-00665-UNJ Document 28 Filed 12/31/25 Page 2 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
SYLVIA RICHARDSON, 	)
)
Petitioner, 	) 	No. 25-665V
) 	Chief Special Master Brian H. Corcoran
v. 	)
)
SECRETARY OF HEALTH 	)
AND HUMAN SERVICES, 	)
)
Respondent. 	)
___________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 17, 2025, Sylvia Richardson (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Act”),
alleging that a September 18, 2024 influenza vaccine caused her to suffer a shoulder injury
related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. Petition at
1. On August 22, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule
4(c) Report recommending compensation under the terms of the Act. ECF No. 13. On August
25, 2025, the Court issued a Ruling on Entitlement finding petitioner entitled to compensation.
ECF No. 14. Respondent proposes the following proffer on award of compensation.
I. 	Items of Compensation
Based on the evidence of record, respondent proffers that petitioner should be awarded
$62,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). 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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2
II. 	Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the Court’s decision and judgment award compensation as a lump
sum payment of $62,500.00, to be paid through an ACH deposit to petitioner’s counsel IOLTA
account for prompt disbursement to petitioner, Sylvia Richardson. 1
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
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
/s/ Rachelle P. Bishop
RACHELLE P. BISHOP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-3662
Rachelle.P.Bishop@usdoj.gov
Dated: November 21, 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 unreimbursed
expenses, future lost earnings, and future pain and suffering.
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