LITTLE v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-1608V
MELISSA LITTLE,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: November 25, 2025
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 27, 2022, Melissa Little 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 October 13,
2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On September 3, 2025, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On November 24, 2025, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$42,676.16, comprised of $42,500.00 for pain and suffering and $176.16 for past
unreimbursable expenses. 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).
Case 1:22-vv-01608-UNJ Document 55 Filed 12/29/25 Page 1 of 5

2
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $42,676.16, comprised of $42,500.00 for pain and suffering and
$176.16 for 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 1:22-vv-01608-UNJ Document 55 Filed 12/29/25 Page 2 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MELISSA LITTLE,
Petitioner,
v.
SECRETARY OF HEALTH AND HUMAN
SERVICES,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
)
No. 22-1608V
Chief Special Master Corcoran
ECF
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 27, 2022, Melissa Little (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 et seq.
(“Vaccine Act”). On January 25, 2024, petitioner filed an amended petition for compensation
(“Petition”), alleging that an influenza (“flu”) vaccination administered in her right deltoid on
October 13, 2021, caused a Table 1 shoulder injury related to vaccine administration (“SIRVA”).
Petition at 1-2. On February 1, 2024, respondent filed a combined Rule 4(c) Report and Motion
to Dismiss recommending against compensation because petitioner had not satisfied the severity
requirement and thereby could not establish a viable claim. ECF No. 38.
Petitioner filed a Motion for Ruling on the Record on March 15, 2024 (ECF No. 40), to
which respondent filed a response on May 3, 2024 (ECF No. 41), and petitioner thereafter filed a
reply on May 9, 2024 (ECF No. 42). On September 3, 2025, the Court issued a Ruling on
Entitlement finding that petitioner is entitled to compensation. 2 ECF No. 43. Respondent now
1 The Vaccine Injury Table is located at 42 U.S.C. § 300aa-14 and 42 C.F.R. § 100.3.
2 Respondent has no objection to the amount of the proffered award of damages set forth herein.
Assuming the Chief Special Master issues a damages decision in conformity with this proffer,
Case 1:22-vv-01608-UNJ Document 55 Filed 12/29/25 Page 3 of 5

2
files this proffer regarding the amount of damages to be awarded.
I. 	Items of Compensation
Respondent proffers that petitioner should be awarded $42,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $176.16. 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 as
described below and requests that the Chief Special Master’s decision and the Court’s judgment
award the following 3:
A lump sum payment of 42,676.16, 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
respondent waives his right to seek review of such damages decision. However, respondent
reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Chief’s Special
Master’s September 3, 2025, entitlement decision.
3 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.
Case 1:22-vv-01608-UNJ Document 55 Filed 12/29/25 Page 4 of 5

3
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/ PARISA TABASSIAN
PARISA TABASSIAN
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) 305-4035
Parisa.Tabassian@usdoj.gov
DATED: November 24, 2025
Case 1:22-vv-01608-UNJ Document 55 Filed 12/29/25 Page 5 of 5