Smith v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-569V

Sonya F. Smith, as Administrator Chief Special Master Corcoran of the Estate of KATHY FRYE, Filed: November 7, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Chellis Garcia, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.

James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1 On May 24, 2022, Kathy Frye 2 filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 3 (the “Vaccine Act”), alleging that she suffered a Table injury – shoulder injury related to vaccine administration (“SIRVA”) - as the result of an influenza (“flu”) vaccine received on October 2, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 9, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On November 7, 2025, Respondent filed a proffer on award 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.

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $106,558.08 (representing $105,000.00 for past pain and suffering and $1,558.08 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. 4 IT IS SO ORDERED.

s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) SONYA FRYE SMITH, as administrator of the ) estate of KATHY FRYE, ) ) Petitioner, ) No. 22-569V ) Chief Special Master Corcoran v. ) ECF ) SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. )

RESPONDENT’S PROFFER OF DAMAGES On May 24, 2022, Kathy Frye (“Ms. Frye” or “decedent”) 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”), alleging that she suffered a shoulder injury related to vaccine administration, following the administration of an influenza vaccine she received on October 2, 2019. See Petition at 1, 3. On October 26, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating this case was not appropriate for compensation. ECF No. 23.

On April 2, 2025, Ms. Frye died of causes unrelated to her vaccine injury claim. See Exhibit 15 (death certificate). Her daughter, Sonya Frye Smith, was named the administrator of her estate under the laws of the State of North Carolina, and substituted as the petitioner in this case on August 26, 2025. See ECF No. 34, 36; Exhibit 16 (letters of administration).

On October 9, 2025, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation. ECF No. 39. 1 I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded the following: A. Pain and Suffering Respondent proffers that petitioner should be awarded $105,000.00 in past pain and suffering, as legal representative of Ms. Frye’s estate. See 42 U.S.C. § 300aa-15(a)(4).

Petitioner agrees.

B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that Ms. Frye incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,558.08. 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/ Recommended Payment The parties recommend that compensation provided to petitioner should be made through a lump sum payment as described below and request that the Chief Special Master’s decision and the Court’s judgment award the following:

A lump sum payment of $106,558.08 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Sonya Frye Smith, as legal representative of the Estate of Kathy Frye.

Petitioner agrees. 2

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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division s/ James V. Lopez James V. Lopez Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-3655 Fax: (202) 616-4310 Email: [email protected]

Date: November 7, 2025

2 If petitioner is not authorized by a court of competent jurisdiction to serve as legal representative of decedent’s estate at the time a payment pursuant to this Proffer is to be made, any such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as legal representative of decedent’s estate upon submission of written documentation of such appointment to respondent.