VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01078
Package ID: USCOURTS-cofc-1_18-vv-01078
Petitioner: Michal Aaronson
Filed: 2018-07-24
Decided: 2020-02-03
Vaccine: influenza
Vaccination date: 2016-10-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Michal Aaronson filed a petition for vaccine injury compensation on July 24, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 6, 2016. The case was assigned to the Special Processing Unit. On December 23, 2019, the Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation and that her medical course was consistent with SIRVA as defined by the Vaccine Injury Table. On December 27, 2019, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation. On January 2, 2020, Respondent filed a proffer on award of compensation, recommending $65,000.00 for pain and suffering damages, which Petitioner agreed to. On February 3, 2020, Chief Special Master Corcoran awarded Michal Aaronson a lump sum payment of $65,000.00. Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and Respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Michal Aaronson alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 6, 2016. Respondent conceded entitlement, agreeing that Petitioner's medical course was consistent with SIRVA as defined by the Vaccine Injury Table. The public text does not name specific medical experts or detail the mechanism of injury. The case resulted in a compensation award of $65,000.00 for pain and suffering damages, agreed upon by both parties and formalized in a proffer filed on January 2, 2020, and awarded by Chief Special Master Brian H. Corcoran on February 3, 2020. Petitioner was represented by Shealene Priscilla Mancuso, and Respondent by Colleen Clemons Hartley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01078-0
Date issued/filed: 2020-01-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/27/2019) regarding 45 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01078-UNJ Document 55 Filed 01/27/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1078V
UNPUBLISHED
MICHAL AARONSON, Chief Special Master Corcoran
Petitioner, Filed: December 27, 2019
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)
Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 24, 2018, Michal Aaronson 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 administered on
October 6, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 23, 2019, 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 concludes that “petitioner’s medical course is
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-01078-UNJ Document 55 Filed 01/27/20 Page 2 of 2
consistent with a [SIRVA] as defined by the Vaccine Injury Table.” Id. at 4. Respondent
further agrees that “petitioner has satisfied all legal prerequisites for compensation
under the Act.” 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-01078-1
Date issued/filed: 2020-02-03
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/03/2020) regarding 49 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01078-UNJ Document 56 Filed 02/03/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1078V
UNPUBLISHED
MICHAL AARONSON, Chief Special Master Corcoran
Petitioner, Filed: January 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)
Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 24, 2018, Michal Aaronson 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 administered on
October 6, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 27, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On January 2, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$65,000.00. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees
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-01078-UNJ Document 56 Filed 02/03/20 Page 2 of 4
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 $65,000.00 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-01078-UNJ Document 56 Filed 02/03/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHAL AARONSON, )
)
Petitioner, )
) No. 18-1078V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 24, 2018, Michal Aaronson (“petitioner”) filed a petition for vaccine injury
compensation alleging that she suffered a suffered a shoulder injury related to vaccine
administration (“SIRVA”) as result of an influenza (“flu”) vaccine administered on October 6,
2016. On December 23, 2019, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. On December 27, 2019, Chief Special Master
Corcoran issued a Ruling on Entitlement finding that petitioner was entitled to compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$65,000.00 in pain and suffering damages, which represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
1

Case 1:18-vv-01078-UNJ Document 56 Filed 02/03/20 Page 4 of 4
lump sum payment of $65,000.00 in the form of a check payable to petitioner.1 Petitioner
agrees.
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/ Colleen C. Hartley
COLLEEN C. HARTLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3644
Fax: (202) 353-2988
DATED: January 2, 2020
1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.
2