VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01228
Package ID: USCOURTS-cofc-1_18-vv-01228
Petitioner: Mary McNally
Filed: 2020-01-13
Decided: 2020-02-18
Vaccine: influenza
Vaccination date: 2016-11-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 71851

AI-assisted case summary:
Mary McNally filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on November 4, 2016. The respondent conceded that Ms. McNally satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation for a SIRVA. A ruling on entitlement was issued on January 13, 2020, finding Ms. McNally entitled to compensation. Subsequently, on February 18, 2020, a decision awarding damages was issued. The respondent had filed a proffer indicating that Ms. McNally should be awarded $71,851.19, comprised of $70,000.00 for actual pain and suffering and $1,851.19 for past unreimbursable expenses. Ms. McNally agreed with this proffered award. The court awarded Ms. McNally the stipulated lump sum of $71,851.19.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01228-0
Date issued/filed: 2020-02-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/13/2020) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (SW) Service on parties made.
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Case 1:18-vv-01228-UNJ Document 34 Filed 02/13/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1228V
UNPUBLISHED
MARY MCNALLY, Chief Special Master Corcoran
Petitioner, Filed: January 13, 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.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 16, 2018, Mary McNally 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”) vaccination administered on
November 4, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 8, 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 concluded that petitioner has satisfied the criteria set
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-01228-UNJ Document 34 Filed 02/13/20 Page 2 of 2
forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation for a
SIRVA. Id. at 4. Respondent further agrees that Petitioner has satisfied all legal
prerequisites for compensation under the Vaccine 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

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01228-1
Date issued/filed: 2020-02-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/13/2020) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01228-UNJ Document 35 Filed 02/18/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1228V
UNPUBLISHED
MARY MCNALLY, Chief Special Master Corcoran
Petitioner, Filed: January 13, 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.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 16, 2018, Mary McNally 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”) vaccination administered on
November 4, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 13, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On January 8, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$71,851.19 (comprised of $70,000.00 for actual pain and suffering and $1,851.19 for
past unreimbursable expenses). Proffer at Respondent’s Rule 4(c) Report and Proffer.
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-01228-UNJ Document 35 Filed 02/18/20 Page 2 of 2
In the Proffer, Respondent represented that Petitioner 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 Proffer, I award Petitioner a lump sum
payment of $$71,851.19 (comprised of $70,000.00 for actual pain and suffering
and $1,851.19 for past unreimbursable expenses) 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