Banerjee v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1293V

TANNISTA BANERJEE, Chief Special Master Corcoran Petitioner, Filed: April 23, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Joseph P. Shannon, Shannon Law Group, Woodridge, IL, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1 On August 21, 2024, Tannista Banerjee 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 Table injury - shoulder injury related to vaccine administration (“SIRVA”) as a result of the administration of her August 26, 2023 influenza vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 27, 2026, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a Table SIRVA. On April 21, 2026, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $38,085.83, which is comprised of $37,500.00 for pain and suffering and $585.83 for unreimbursed expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 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 $38,085.83 (representing $37,500.00 for pain and suffering and $585.83 for unreimbursed 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

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

TANNISTA BANERJEE, Petitioner, No. 24-1293V Chief Special Master Corcoran v. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 1 On August 21, 2024, Tannista Banerjee (“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 suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) following an influenza (“flu”) vaccination she received on August 26, 2023. Petition at 1. On February 23, 2026, the Secretary of Health and Human Services (“respondent”) filed his Vaccine Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury. ECF No. 25. Thereafter, on February 27, 2026, the Chief Special Master issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation. ECF No. 26.

I. Compensation for Vaccine Injury-Related Items Based on the evidence of record, respondent proffers that petitioner should be awarded $38,085.83, which is comprised of damages for pain and suffering ($37,500.00) and

II. Form of the Award/Recommended Payment The parties recommend that the 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: 2 A lump sum payment of $38,085.83, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to Tannista Banerjee.

Petitioner is a competent adult. Evidence 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 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JENNIFER L. REYNAUD Assistant Director Torts Branch, Civil Division

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.

s/ Mallori B. Openchowski MALLORI B. OPENCHOWSKI Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 305-0660 [email protected] DATED: April 21, 2026

CERTIFICATE OF SERVICE I certify that today, April 21, 2026, a copy of the foregoing pleading was served by electronic mail to Joseph Shannon at [email protected].

s/ Mallori B. Openchowski