Butler v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-613V Filed: May 26, 2026

LINDA BUTLER, Special Master Horner

Petitioner, v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Laura Levenberg, Muller Brazil, Dresher, PA, for petitioner. Madelyn Weeks, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On June 3, 2022, Linda Butler (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) affecting her right shoulder as a result of an influenza (“flu”) vaccination she received on September 11, 2020. (ECF No 1.) In a Finding of Fact, filed on January 23, 2026, I concluded that petitioner received the subject vaccination in her right arm as alleged and that onset of petitioner’s shoulder pain occurred within 48 hours of vaccination. (ECF No. 49.) Thereafter, on March 24, 2026, respondent filed an amended Rule 4(c) report, in which he stated that, “based on the record as it now stands and subject to his right to appeal the Findings of Fact, respondent does not dispute that petitioner has satisfied all legal prerequisites for compensation under the Act.” (ECF No. 52.)

On March 26, 2026, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. (ECF No. 53.) On May 26, 2026, respondent filed a proffer

1 Because this document 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 document 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.

on award of compensation (“Proffer”) indicating petitioner should be awarded a lump sum payment of $35,020.00, representing $35,000.00 in pain and suffering and $20.00 in past unreimbursable expenses. (ECF No. 57.) 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.

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $35,020.00, representing $35,000.00 in pain and suffering and $20.00 in past unreimbusable expenses, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Linda Butler. This amount represents compensation for all damages that would be available under § 15(a).

The clerk of the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

s/Daniel T. Horner Daniel T. Horner 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.

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

LINDA BUTLER,

Petitioner,

v. No. 22-613V Special Master Daniel T. Horner SECRETARY OF HEALTH AND ECF HUMAN SERVICES,

Respondent.

PROFFER ON AWARD OF COMPENSATION 1

On June 3, 2022, Linda Butler (“petitioner”) filed a petition for compensation under the

National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended

(“Act”). She alleges that she sustained a shoulder injury related to vaccine administration

(“SIRVA”), as defined in the Vaccine Injury Table, following receipt of an influenza vaccine

administered on September 11, 2020. See Petition at 1.

On March 26, 2026, Special Master Horner issued a ruling on entitlement, finding

petitioner entitled to compensation for a SIRVA Table injury. 2 See ECF No. 53.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded

the following:

1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. 2 Respondent has no objection to the amount of the proffered award of damages set forth herein. Assuming the Special Master issues a damages decision in conformity with this proffer, 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 Special Master’s March 26, 2026 entitlement ruling.

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $35,000.00 in pain and suffering.

See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

B. Past Unreimbursable Expenses

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 $20.00. 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

The parties recommend that compensation provided to petitioner should be made through

a lump sum payment, as described below, and request that the Special Master’s decision and the

Court’s judgment award the following: 3

A lump sum payment of $35,020.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Linda Butler.

Petitioner is a competent adult. Proof of guardianship is not required in this case.

Respectfully submitted,

BRETT A. SHUMATE Assistant Attorney General

JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division

3 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief.

3

HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

JENNIFER L. REYNAUD Assistant Director Torts Branch, Civil Division

s/ MADELYN E. WEEKS MADELYN E. WEEKS 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) 305-3262 madelyn.e.weeks@usdoj.gov

Dated: May 26, 2026

4

CERTIFICATE OF SERVICE

I certify that today, May 26, 2026, a copy of the foregoing pleading will be served by

electronic mail to Laura Levenberg at laura@mullerbrazil.com and erik@mullerbrazil.com.

s/ MADELYN E. WEEKS MADELYN E. WEEKS