VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00456
Package ID: USCOURTS-cofc-1_18-vv-00456
Petitioner: Raine Learn
Filed: 2020-02-03
Decided: 2020-05-04
Vaccine: influenza
Vaccination date: 2016-10-17
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 30190

AI-assisted case summary:
Raine Learn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 17, 2016. Initially, the Respondent recommended that entitlement be denied, asserting that Petitioner had not met her burden of proof regarding the onset of symptoms and the correlation of her pain to the injection site. However, after Petitioner submitted supplemental affidavits and a status conference was held, the Respondent filed an amended report conceding entitlement. The Respondent acknowledged that Petitioner's injury was consistent with SIRVA as defined on the Vaccine Injury Table, noting no prior shoulder issues, onset of pain and reduced range of motion within 48 hours of vaccination, symptoms limited to the injection shoulder, and no other identified condition explaining the symptoms. The case proceeded as a Table injury claim. Subsequently, a decision awarding damages was issued. The parties agreed to a proffer of $30,190.20, which included $30,000.00 for pain and suffering and $190.20 for past unreimbursed expenses. This amount was awarded as a lump sum payment to Raine Learn, who was determined to be a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00456-0
Date issued/filed: 2020-03-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/03/2020) regarding 40 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00456-UNJ Document 43 Filed 03/04/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-456V
UNPUBLISHED
RAINE LEARN, Chief Special Master Corcoran
Petitioner, Filed: February 3, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 28, 2018, Raine Learn 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 shoulder injury related to vaccine
administration after receiving the influenza vaccine on October 17, 2016. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 24, 2019, Respondent filed his Rule 4(c) report (Report) recommending
that entitlement to compensation be denied. ECF No. 27. In his Report, Respondent
states that Petitioner has not met her burden of proof. Id. Specifically, Respondent
asserts that Petitioner has failed to establish a SIRVA Table claim because
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
required 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). This means the ruling 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.
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 1:18-vv-00456-UNJ Document 43 Filed 03/04/20 Page 2 of 2
(a) Petitioner has not established that her symptoms began within 48 hours after
vaccination; and (b) “the record does not demonstrate that petitioner’s flu shot
placement correlated with her description of pain.” Id. at 5-6. Subsequently, Petitioner
filed supplemental affidavits to support that the requirements for a SIRVA claim were
met in this case. See ECF Nos. 32 and 33. A status conference was then held to
discuss my position on the issue of the onset of Petitioner’s symptoms.
On January 31, 2020, Respondent filed an amended Rule 4(c) report (Amended
Report) in which he concedes that Petitioner is entitled to compensation in this case.
ECF No. 39. Specifically, Respondent states that the medical personnel at the Division
of Injury Compensation Programs (DICP) “has reevaluated the petition and exhibits filed
in this case. Based on that review, DICP has concluded that petitioner’s alleged injury is
consistent with SIRVA, as defined on the Vaccine Injury Table. Specifically, petitioner
had no history of pain, inflammation or dysfunction in her left shoulder prior to
vaccination; her pain and reduced range of motion occurred within 48 hours of receipt of
an intramuscular vaccination; her symptoms were limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality was identified to
explain her symptoms.” Id. at 5 (citations omitted). Respondent further agrees that
“petitioner met the statutory severity requirements by suffering the residual effects of her
condition for more than six months after the administration of the vaccine,” and “[t]he
scope of damages to be awarded is limited to petitioner’s SIRVA and its related
complications only.” Id. at 5-6 (citations omitted).
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00456-1
Date issued/filed: 2020-05-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/03/2020) regarding 45 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00456-UNJ Document 50 Filed 05/04/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-456V
UNPUBLISHED
RAINE LEARN, Chief Special Master Corcoran
Petitioner, Filed: April 3, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 28, 2018, Raine Learn 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 left shoulder injuries resulting from
the adverse affects of the influenza vaccine received on October 17, 2016. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On February 23, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her left SIRVA. On April 3, 2020, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$30,190.20. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required 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). 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.
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 1:18-vv-00456-UNJ Document 50 Filed 05/04/20 Page 2 of 4
agrees with the proffered award. Id. Based on the record as a whole, I find that
Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $30,190.20 in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under § 15(a).
The clerk of the 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
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

Case 1:18-vv-00456-UNJ Document 50 Filed 05/04/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
RAINE LEARN, )
)
Petitioner, ) No. 18-456V ECF
)
v. ) Chief Special Master
) Brian H. Corcoran
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On January 31, 2020, respondent filed an Amended Rule 4 (c) Report conceding
entitlement in this case. On February 3, 2020, the Court issued a Ruling on Entitlement
finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related
to Vaccine Administration (“SIRVA”). Respondent proffers that based on the evidence of
record, petitioner should be awarded $30,190.20, consisting of $30,000.00 in pain and
suffering and $190.20 in past unreimbursed expenses. This amount represents all
elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-
15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.

Case 1:18-vv-00456-UNJ Document 50 Filed 05/04/20 Page 4 of 4
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 Chief Special
Master’s decision and the Court’s judgment award the following:1
A lump sum payment of $30,190.20, in the form of a check payable to
petitioner, Raine Learn. This amount accounts for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is
entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: April 2, 2020 Tel.: (202) 616-4133
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, future lost earnings, and future pain and suffering.