VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00373
Package ID: USCOURTS-cofc-1_16-vv-00373
Petitioner: Cori Marshall
Filed: 2016-08-15
Decided: 2016-10-31
Vaccine: influenza
Vaccination date: 2014-10-14
Condition: right shoulder pain and right arm pain consistent with shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
Cori Marshall filed a petition on August 15, 2016, alleging that she developed right shoulder pain and right arm pain as a result of an influenza vaccine she received on October 14, 2014. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report and Proffer on Damages on August 15, 2016, conceding that petitioner was entitled to compensation. Respondent stated that petitioner's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that her claim satisfied the Althen requirements, including suffering residual effects for more than six months. Based on the respondent's concession and the evidence, the court found petitioner entitled to compensation. A ruling on entitlement was issued on October 31, 2016, finding entitlement. On the same date, a decision awarding damages was issued, awarding petitioner a lump sum payment of $105,000.00 based on the parties' proffer.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00373-0
Date issued/filed: 2016-10-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/15/2016) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Copy to parties.
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Case 1:16-vv-00373-UNJ Document 28 Filed 10/31/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0373V
Filed: August 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CORI MARSHALL, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 23, 2016, Cori Marshall (“petitioner”) 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 developed right shoulder pain and
right arm pain as a result of an influenza (“flu”) vaccine she received on October 14,
2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On August 15, 2016, respondent filed her Rule 4(c) report and Proffer on
Damages in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report at 1. Specifically, respondent states that petitioner’s
alleged injury is consistent with shoulder injury related to vaccine administration
(“SIRVA”) and that her claim satisfies the Althen requirements. Id. at 4. Respondent
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:16-vv-00373-UNJ Document 28 Filed 10/31/16 Page 2 of 2
further agrees that petitioner has met the statutory requirements by suffering the
residual effects of her condition for more than six months. Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00373-1
Date issued/filed: 2016-10-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/15/2016) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00373-UNJ Document 29 Filed 10/31/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0373V
Filed: August 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CORI MARSHALL, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 23, 2016, Cori Marshall (“petitioner”) 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 developed right shoulder pain and
right arm pain as a result of an influenza (“flu”) vaccine she received on October 14,
2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On August 15, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation. On August 15, 2016, respondent filed a Rule 4(c) Report and Proffer
on Damages (“Proffer”) stating petitioner should be awarded $105,000.00. Proffer at 4.
In the Proffer, respondent represented that petitioner agrees with the proffered award.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:16-vv-00373-UNJ Document 29 Filed 10/31/16 Page 2 of 2
Based on the record as a whole, the undersigned finds that petitioner is entitled to an
award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $105,000.00, in the form of a check payable to
petitioner, Cori Marshall. 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/Nora Beth Dorsey
Nora Beth Dorsey
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.
2