VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00641
Package ID: USCOURTS-cofc-1_18-vv-00641
Petitioner: Cynthia Peterson
Filed: 2020-01-07
Decided: 2021-03-29
Vaccine: influenza
Vaccination date: 2016-11-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 185000

AI-assisted case summary:
Cynthia Peterson filed a petition for compensation under the National Vaccine Injury Compensation Program on May 4, 2018, alleging that an influenza vaccine she received on November 11, 2016, caused her to develop a right shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Peterson was entitled to compensation. The respondent concluded that Ms. Peterson suffered a Table SIRVA injury and that her symptoms lasted for more than six months, meeting the statutory requirements for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found Ms. Peterson entitled to compensation in a ruling dated February 13, 2020. Subsequently, on February 23, 2021, the parties filed a joint stipulation on damages. The stipulation stated that there was no preponderance of evidence demonstrating that Ms. Peterson's injury was due to a factor unrelated to vaccination and that she was entitled to compensation for her SIRVA Table injury. Chief Special Master Corcoran adopted the stipulation as his decision, awarding Ms. Peterson a lump sum of $185,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Jeffrey T. Sprague and later Zoe Wade of the U.S. Department of Justice.

Theory of causation field:
Petitioner Cynthia Peterson alleged that an influenza vaccine administered on November 11, 2016, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was a Table SIRVA injury and that the petitioner met the statutory requirements for compensation, including symptoms lasting more than six months. The respondent also conceded that there was no preponderance of evidence demonstrating that the injury was due to a factor unrelated to vaccination. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 13, 2020, finding petitioner entitled to compensation based on the respondent's concession. A joint stipulation on damages was filed on February 23, 2021, and adopted by Chief Special Master Corcoran as his decision. Petitioner was awarded $185,000.00 as compensation for all damages. Petitioner was represented by Maximillian J. Muller (Muller Brazil, LLP), and respondent was represented by Jeffrey T. Sprague and Zoe Wade (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00641-0
Date issued/filed: 2020-02-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/07/2020) regarding 38 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00641-UNJ Document 41 Filed 02/13/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0641V
UNPUBLISHED
CYNTHIA PETERSON, Chief Special Master Corcoran
Petitioner, Filed: January 7, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On May 4, 2018, Cynthia Peterson 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 the influenza (“flu”) vaccine that she received on
November 11, 2016, caused her to develop a right shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On January 7, 2020, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, Respondent has concluded that Petitioner suffered a Table SIRVA
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-00641-UNJ Document 41 Filed 02/13/20 Page 2 of 2
Injury. Id. at 7. Respondent further agrees that Petitioner has suffered the residual
effects of her condition for more than six months and has therefore met the statutory
requirements for entitlement to compensation. Id.
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-00641-1
Date issued/filed: 2021-03-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/23/2021) regarding 60 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00641-UNJ Document 69 Filed 03/29/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0641V
UNPUBLISHED
CYNTHIA PETERSON, Chief Special Master Corcoran
Petitioner, Filed: February 23, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 4, 2018, Cynthia Peterson 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 (“SIRVA”) as a result of an influenza (“flu”) vaccine she received to her
right shoulder on November 11, 2016. Petition at 1; Stipulation, filed at February 23, 2021,
¶¶ 2, 4. Petitioner further alleges that her vaccine-related symptoms lasted for more than
six months. Petition at 6; Stipulation at ¶¶2, 4. The stipulation states “[t]hat there is not a
preponderance of the evidence demonstrating that petitioner’s injury is due to a factor
unrelated to vaccination” and that “petitioner is entitled to compensation under the terms
of the Vaccine Act for her SIRVA Table injury.” Stipulation at ¶¶ 5-6.
On February 23, 2021, the parties filed the attached joint stipulation, stating that a
decision should be entered awarding compensation. I find the stipulation reasonable and
adopt it as my decision awarding damages, on the terms set forth therein.
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-00641-UNJ Document 69 Filed 03/29/21 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $185,000.00, in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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

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