VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01268
Package ID: USCOURTS-cofc-1_18-vv-01268
Petitioner: Lori A. Hildebrand
Filed: 2018-08-22
Decided: 2020-04-14
Vaccine: influenza
Vaccination date: 2016-09-23
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 66000

AI-assisted case summary:
Lori Hildebrand filed a petition for compensation alleging that her September 23, 2016 influenza vaccination caused her to sustain a Shoulder Injury Related to Vaccine Administration (SIRVA). The case was assigned to the Special Processing Unit. On October 24, 2019, the respondent conceded that petitioner was entitled to compensation, stating that her claim met the Table criteria for SIRVA. The respondent further confirmed that the case was timely filed, the vaccine was received in the United States, and petitioner satisfied the statutory severity requirement. On March 9, 2020, the respondent filed a proffer on award of compensation, indicating that petitioner should be awarded $66,000.00 in actual and projected pain and suffering, which reflected that the award for projected pain and suffering had been reduced to net present value. Petitioner agreed with the proffered award. On April 14, 2020, the Chief Special Master awarded Lori Hildebrand a lump sum payment of $66,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01268-0
Date issued/filed: 2019-12-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/25/2019) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01268-UNJ Document 38 Filed 12/23/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1268V
Filed: October 25, 2019
UNPUBLISHED
LORI A. HILDEBRAND,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Corcoran, Chief Special Master:
On August 22, 2018, petitioner 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 her September 23, 2016 influneza (“flu”)
vaccination caused her to sustain a 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.
1 I intend to post this decision on the United States Court of Federal Claims' website. 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. 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).
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-01268-UNJ Document 38 Filed 12/23/19 Page 2 of 2
On October 24, 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 indicates
that petitioner’s claim meets the Table criteria for SIRVA. Specifically,
petitioner had no history of pain, inflammation or dysfunction of the affected
shoulder prior to intramuscular vaccine administration that would explain
the alleged signs, symptoms, examination findings, and/or diagnostic
studies occurring after vaccine injection; she likely suffered the onset of pain
within forty-eight hours of vaccine administration; her pain and reduced
range of motion were limited to the shoulder in which the intramuscular
vaccine was administered; and there is no other condition or abnormality
present that would explain petitioner’s symptoms. 42 C.F.R. § 100.3(a),
(c)(10). Therefore, petitioner is entitled to a presumption of vaccine
causation for her left SIRVA.
Id. at 4. Respondent further agrees that
[w]ith respect to other statutory and jurisdictional issues, the records show
that the case was timely filed, that the vaccine was received in the United
States, and that petitioner satisfies the statutory severity requirement by
suffering the residual effects or complications of her injury for more than
six months after vaccine administration. See 42 U.S.C. §§ 300aa-
11(c)(1)(D)(i). Petitioner avers that no civil action or proceedings have
been pursued in connection with the vaccine-related injury. See 42 U.S.C.
§§ 300aa-11(a)(5) and -11(c)(1)(E); Pet. at ¶17.
Id. at 4-5.
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-01268-1
Date issued/filed: 2020-04-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/11/2020) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01268-UNJ Document 47 Filed 04/14/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1268V
UNPUBLISHED
LORI A. HILDEBRAND, Chief Special Master Corcoran
Petitioner, Filed: March 11, 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)
Jeffrey A. Golvash, Golvash & Epstein, LLC, Pittsburgh, PA, for petitioner.
Laurie Wiesner, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 22, 2018, Lori Hildebrand 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 her September 23, 2016 influneza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 25, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 9, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $66,000.00
in actual and projected pain and suffering. This amount reflects that the award for
projected pain and suffering has been reduced to net present value. Proffer at 1-2. In
the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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-01268-UNJ Document 47 Filed 04/14/20 Page 2 of 5
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 $66,000.00 (representing compensation for Petitioner’s actual
and projected pain and suffering) 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-01268-UNJ Document 47 Filed 04/14/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
LORI HILDEBRAND, )
)
)
Petitioner, )
) No. 18-1268V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 22, 2018, Lori Hildebrand (“petitioner”) filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§
300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of an influenza vaccine she
received on September 23, 2016. Petition at 3-5. On October 24, 2019, the Secretary of
Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this
case is appropriate for compensation under the terms of the Act, and on October 25,
2019, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled
to compensation. ECF No. 32; ECF No. 33.
I. Item of Compensation
Respondent proffers that Lori Hildebrand should be awarded $66,000.00 in actual
and projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.

Case 1:18-vv-01268-UNJ Document 47 Filed 04/14/20 Page 4 of 5
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this
case. Respondent recommends that the compensation provided to Lori Hildebrand
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 following1: a lump
sum payment of $66,000.00, representing compensation for pain and suffering, in the
form of a check payable to petitioner, Lori Hildebrand.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Lori Hildebrand: $66,000.00
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 PEARLMAN
Assistant Director
Torts Branch, Civil Division
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
lost earnings and future pain and suffering.

Case 1:18-vv-01268-UNJ Document 47 Filed 04/14/20 Page 5 of 5
s/Laurie Wiesner
LAURIE WIESNER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 146
Washington, D.C. 20044-0146
Tel.: (202) 305-0253
DATE: March 9, 2020