{"package_id":"USCOURTS-cofc-1_17-vv-01076","decision_granule_id":"USCOURTS-cofc-1_17-vv-01076-1","petitioner_identifier":"Marilynne Lesher","is_minor":null,"age_at_vaccination":null,"age_unit_raw":null,"vaccine_type":"influenza","vaccination_date":"2016-11-11","condition_raw":"full-thickness rotator cuff tear in her left shoulder","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"compensated","award_amount_usd":45000,"decision_date":"2021-02-18","extraction_version":"gemini-v2","extracted_at":"2026-04-30T05:02:18.700433+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":0,"theory_of_causation":"Marilynne Lesher received an influenza vaccine on November 11, 2016. She alleged this vaccine caused a full-thickness rotator cuff tear in her left shoulder. The Special Master found that while the injury did not meet the criteria for a \"Table SIRVA\" (Shoulder Injury Related to Vaccine Administration), Ms. Lesher proved by a preponderance of the evidence that the vaccine caused her left shoulder pain and limited range of motion, satisfying the \"causation-in-fact\" standard under the \"Althen\" test. Petitioner's expert, Samir Mehta, M.D., opined that the vaccine was improperly injected into the glenohumeral joint, causing an inflammatory response that exacerbated her pre-existing, asymptomatic rotator cuff tear. Respondent's expert, David Ring, M.D., Ph.D., argued the tear was age-related. The Special Master found sufficient medical literature and treating physician opinions to support a causal link between the vaccine and the shoulder pain and limited range of motion, even if the vaccine did not cause the rotator cuff tear itself. The Special Master determined the vaccine was a substantial factor in bringing about the injury. The case resulted in an award of $45,000.00 for pain and suffering, based on a stipulation between the parties. Petitioner was represented by Lawrence R. Cohan (Anapol Weiss), and respondent was represented by Christine Mary Becer (U.S. Department of Justice). The decision was issued by Chief Special Master Brian H. Corcoran on February 18, 2021.","is_death":0,"date_of_death":null,"petition_filed_date":"2017-08-08","case_summary":"On August 8, 2017, Marilynne Lesher filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on November 11, 2016, caused a full-thickness rotator cuff tear in her left shoulder. The respondent initially defended the case, arguing that the injury did not meet the criteria for a \"Table SIRVA\" (Shoulder Injury Related to Vaccine Administration) and that the petitioner had not filed an expert report. The petitioner subsequently filed an expert report from Samir Mehta, M.D., and the respondent filed a report from David Ring, M.D., Ph.D. The case was also part of a test mediation program, which ultimately failed. \n\nChief Special Master Brian H. Corcoran issued a ruling on entitlement on July 2, 2020. He found that while the injury did not meet the strict criteria for a Table SIRVA, Ms. Lesher had proven by a preponderance of the evidence that the vaccine caused her left shoulder pain and limited range of motion, satisfying the \"causation-in-fact\" standard. The Special Master noted that Ms. Lesher's medical records showed the onset of pain occurred close in time to the vaccination, and while she had a prior brief complaint of left shoulder pain in 2013, it resolved without treatment and there was no evidence of other shoulder issues until the 2016 vaccination. The medical records also revealed a rotator cuff tear, which appeared to have developed over time due to age-related degenerative changes, and an unrelated spinal mass. \n\nPetitioner's expert, Dr. Mehta, opined that the vaccine was improperly injected into the glenohumeral joint, causing an inflammatory response that was exacerbated by her pre-existing, but asymptomatic, rotator cuff tear. Respondent's expert, Dr. Ring, concluded that the rotator cuff tear was age-related and that the injury did not meet the Table SIRVA criteria. However, the Special Master found that the medical literature and the treating physicians' opinions, particularly Dr. Mehnert's later opinion, supported a causal link between the vaccine and the shoulder pain and limited range of motion, even if it did not cause the rotator cuff tear itself. The Special Master determined that the vaccine was a substantial factor in bringing about the injury, satisfying the \"Althen\" test for causation-in-fact. \n\nFollowing the ruling on entitlement, the parties submitted a proffer on the award of compensation. On February 18, 2021, Chief Special Master Corcoran issued a decision awarding Ms. Lesher $45,000.00 for pain and suffering, representing all damages available under the Vaccine Act. This award was based on the parties' agreement as stated in the proffer. Petitioner was represented by Lawrence R. Cohan of Anapol Weiss, and respondent was represented by Christine Mary Becer of the U.S. Department of Justice.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"Marilynne Lesher","petitioner_attorney_name":"Lawrence R. Cohan","petitioner_attorney_firm":"Anapol Weiss","petitioner_attorney_location":"Philadelphia, PA","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:45:03","attorney_canonical_keys":"|lawrence-cohan|","firm_canonical_key":"anapol-weiss","package_title":"LESHER v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01076","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01076.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01076.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_17-vv-01076-0","title":"LESHER v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC ORDER/RULING (Originally filed: 07/02/2020) regarding 44 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.","date_issued":"2020-08-05","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_17-vv-01076/granules/USCOURTS-cofc-1_17-vv-01076-0/pdf","pdf_bytes":395151,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'ruling on entitlement'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_17-vv-01076/USCOURTS-cofc-1_17-vv-01076-0"},{"granule_id":"USCOURTS-cofc-1_17-vv-01076-1","title":"LESHER v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 12/28/2020) regarding 53 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.","date_issued":"2021-02-18","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_17-vv-01076/granules/USCOURTS-cofc-1_17-vv-01076-1/pdf","pdf_bytes":203473,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'stipulation'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_17-vv-01076/USCOURTS-cofc-1_17-vv-01076-1"},{"granule_id":"USCOURTS-cofc-1_17-vv-01076-2","title":"LESHER v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 03/17/2021) regarding 58 DECISION of Special Master - Fees Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.","date_issued":"2021-04-16","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}