VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00718
Package ID: USCOURTS-cofc-1_14-vv-00718
Petitioner: Ellen Corriveau
Filed: 2014-11-20
Decided: 2015-02-24
Vaccine: influenza
Vaccination date: 2011-08-16
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 101445

AI-assisted case summary:
Ellen Corriveau filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination administered on August 16, 2011, caused her to develop a shoulder injury related to vaccine administration (SIRVA) that resulted in constant, daily pain. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Ms. Corriveau's alleged injury was consistent with SIRVA and that she suffered residual effects for more than six months. Based on this concession and the evidence, the Special Master found Ms. Corriveau entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $101,445.22, representing all elements of compensation available under the Act, which Ms. Corriveau agreed to. The Special Master awarded this lump sum payment to Ms. Corriveau, who was deemed a competent adult, and directed the clerk of the court to enter judgment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00718-0
Date issued/filed: 2014-12-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/21/2014) regarding 18 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
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Case 1:14-vv-00718-UNJ Document 20 Filed 12/16/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-718V
Filed: November 20, 2014
* * * * * * * * * * * * * * * * * * * * * * * *
ELLEN CORRIVEAU, *
* Ruling on Entitlement; Concession;
Petitioner, * Cause-in-fact; Shoulder Injury;
v. * Influenza
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * *
1
RULING ON ENTITLEMENT
Vowell, Special Master:
On August 8, 2014, Ellen Corriveau filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. The petition alleges that as a result of the administration
of an influenza vaccination on August 16, 2011, Petitioner developed a shoulder injury
related to vaccine administration from which she continues to suffer “constant, daily
pain.” Petition at pp. 5-6.
On November 20, 2014, respondent filed her Rule 4(c) Report [“Respondent’s
Report”], in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Report at p. 4. Specifically, respondent submits that “petitioner’s alleged
injury is consistent with a shoulder injury relate to vaccine administration (“SIRVA”).” Id.
at p. 4. Respondent also indicated that based on the medical records filed in the case,
petitioner suffered residual effects of her condition for more than six months. Id.
“Therefore,” Respondent concluded, “petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post this ruling and order on the United States Court of Federal Claims' website, in accordance with the
E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete 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
delete 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00718-UNJ Document 20 Filed 12/16/14 Page 2 of 2
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00718-1
Date issued/filed: 2015-02-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/26/2015) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00718-UNJ Document 30 Filed 02/24/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-718V
Filed: January 26, 2015
Not For Publication
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ELLEN CORRIVEAU, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza; Shoulder Injury Related to
* Vaccine Administration (SIRVA)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES
1
Vowell, Chief Special Master:
On August 8, 2014, Ellen Corriveau filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. The petition alleges that Ms. Corriveau suffered a left
shoulder injury as a result of the administration of an influenza (“flu”) vaccination on
August 16, 2011. (Petition at p. 1.)
On November 21, 2014, I issued a ruling on entitlement, finding petitioner entitled
to compensation. (See Ruling on Entitlement (ECF No. 18).) On January 26, 2015,
respondent filed a proffer on award of compensation (“Proffer”) detailing compensation
for all elements of compensation to which petitioner would be entitled under § 300aa-
15(a)(1); -15(a)(3)(A); and -15(a)(4). According to respondent’s Proffer, petitioner
1 Because this unpublished decision contains a reasoned explanation for the action in this case, it will be
posted on the United States Court of Federal Claims' website, in accordance with the E-Government Act
of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with Vaccine Rule
18(b), petitioners have 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00718-UNJ Document 30 Filed 02/24/15 Page 2 of 4
agrees to the proposed award of compensation. Pursuant to the terms stated in the
attached Proffer, I award petitioner:
A lump sum payment of $101,445.22 in the form of a check payable to
petitioner, Ellen Corriveau.
This amount represents compensation for all damages that would be available
under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

CCaassee 11::1144--vvvv--0000771188--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0012//2264//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ELLEN CORRIVEAU, )
)
Petitioner, )
v. ) No. 14-718V
) Chief Special Master Vowell
SECRETARY OF HEALTH AND HUMAN ) ECF
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$101,445.22. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the 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:1
A. A lump sum payment of $101,445.22 in the form of a check payable to petitioner, Ellen
Corriveau. This amount accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 medical
expenses and future pain and suffering.

CCaassee 11::1144--vvvv--0000771188--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0012//2264//1155 PPaaggee 24 ooff 24
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 146
Washington, D.C. 20044-0146
Tel.: (202) 353-1589
DATE: January 26, 2015
2