VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01334
Package ID: USCOURTS-cofc-1_18-vv-01334
Petitioner: Racquel Weaver
Filed: 2018-08-30
Decided: 2020-01-14
Vaccine: influenza
Vaccination date: 2017-09-10
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 90621

AI-assisted case summary:
Racquel Weaver filed a petition for compensation under the National Vaccine Injury Compensation Program on August 30, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 10, 2017. The respondent conceded that Ms. Weaver's injury was consistent with SIRVA, was caused in fact by the flu vaccine, and that there were no other causes for her injury. The respondent also noted that Ms. Weaver had suffered the sequelae of her injury for more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms. Weaver entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $90,621.76, consisting of $87,500.00 for pain and suffering and $3,121.76 for unreimbursed medical expenses. Ms. Weaver agreed with this proffered award. The court awarded Ms. Weaver a lump sum payment of $90,621.76.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01334-0
Date issued/filed: 2020-01-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/12/2019) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01334-UNJ Document 36 Filed 01/13/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1334V
UNPUBLISHED
RACQUEL WEAVER, Chief Special Master Corcoran
Petitioner, Filed: December 12, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 30, 2018, Racquel Weaver 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) after receiving the influenza (“flu”) vaccination on
September 10, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On December 9, 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 states that Petitioner’s alleged injury 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-01334-UNJ Document 36 Filed 01/13/20 Page 2 of 2
consistent with SIRVA and that it was caused in fact by the flu vaccine she received on
September 10, 2017 Id. at 5. Respondent further agrees that there are no other causes
for Petitioner’s SIRVA and that Petitioner has suffered the sequela of her injury for more
than six months. 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-01334-1
Date issued/filed: 2020-01-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/12/2019) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01334-UNJ Document 37 Filed 01/14/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1334V
UNPUBLISHED
RACQUEL WEAVER, Chief Special Master Corcoran
Petitioner, Filed: December 12, 2019
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 S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 30, 2018, Racquel Weaver 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) after receiving the influenza (“flu”) vaccination on
September 10, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On December 12, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On December 9, 2019, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$90,621.76, consisting of $87,500.00 in pain and suffering and $3,121.76 in
unreimbursed medical expenses. Respondent’s Rule 4(c) Report and Proffer on
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-01334-UNJ Document 37 Filed 01/14/20 Page 2 of 2
Damages at 6. 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 attached Proffer, I award Petitioner a lump
sum payment of $90,621.76 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