VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01398
Package ID: USCOURTS-cofc-1_18-vv-01398
Petitioner: Sasha Weiser-Freedman
Filed: 2018-09-14
Decided: 2020-02-26
Vaccine: influenza
Vaccination date: 2016-10-17
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 81645

AI-assisted case summary:
Sasha Weiser-Freedman filed a petition on September 14, 2018, alleging that her influenza vaccination on October 17, 2016, caused a Shoulder Injury Related to Vaccine Administration (SIRVA). The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner met the criteria for SIRVA as set forth in the Vaccine Injury Table. The respondent also stated that no other cause for the petitioner's shoulder injury was identified and that the medical records demonstrated residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 28, 2019, finding the petitioner entitled to compensation. Subsequently, on January 21, 2020, the parties filed a proffer on the award of damages. The respondent recommended an award of $80,000.00 for pain and suffering and $1,645.00 for past unreimbursable expenses, totaling $81,645.00. The petitioner agreed with this proffered award. Chief Special Master Corcoran issued a decision on February 26, 2020, awarding the petitioner a lump sum payment of $81,645.00, representing $80,000.00 for actual and projected pain and suffering and $1,645.00 for past unreimbursable expenses. Petitioner counsel was Amy A. Senerth of Muller Brazil, LLP, and respondent counsel was Jennifer Leigh Reynaud of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury.

Theory of causation field:
Petitioner Sasha Weiser-Freedman alleged that her October 17, 2016, influenza vaccination caused a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement, stating that the petitioner met the criteria for SIRVA as listed on the Vaccine Injury Table (42 C.F.R. §§ 100.3(a), 100.3(c)(10)) and that no other cause for the injury was identified. The medical records indicated residual effects lasting more than six months, satisfying the requirements of 42 U.S.C. § 300aa-13(a)(1)(B) and § 300aa-11(c)(1)(D)(i). The case was decided based on this concession and the Vaccine Injury Table. No specific medical experts were named in the public text. The award totaled $81,645.00, consisting of $80,000.00 for pain and suffering and $1,645.00 for past unreimbursable expenses, paid as a lump sum. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on October 28, 2019, and the final decision awarding damages on February 26, 2020. Petitioner was represented by Amy A. Senerth, and respondent was represented by Jennifer L. Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01398-0
Date issued/filed: 2019-12-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/28/2019) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01398-UNJ Document 35 Filed 12/23/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1398V
Filed: October 28, 2019
UNPUBLISHED
SASHA WEISER-FREEDMAN,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Corcoran, Chief Special Master:
On September 14, 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 that her October 17, 2016 influenza (“flu”)
vaccination caused her to suffer a Shoulder Injury Related to Vaccine Administration
(“SIRVA”). Petition at Preamble. 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-01398-UNJ Document 35 Filed 12/23/19 Page 2 of 2
On October 28, 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
[m]edical personnel at DICP have reviewed the petition and medical records
filed in this case. It is respondent’s position that petitioner has satisfied the
criteria set forth in the Vaccine Injury Table for SIRVA. 42 C.F.R. §§
100.3(a), 100.3(c)(10). Additionally, DICP did not identify any other cause
for petitioner’s shoulder injury, and the medical records outlined above
demonstrate that she suffered the residual effects of her condition for more
than six months. Therefore, based on the record as it now stands, petitioner
has satisfied all legal prerequisites for compensation under the Vaccine Act.
See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i).
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

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01398-1
Date issued/filed: 2020-02-26
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/22/2020) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01398-UNJ Document 42 Filed 02/26/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1398V
UNPUBLISHED
SASHA WEISER-FREEDMAN, Chief Special Master Corcoran
Petitioner, Filed: January 22, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 14, 2018, Sasha Weiser-Freedman 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 October 17, 2016
influenza (“flu”) vaccination caused her to suffer a Shoulder Injury Related to Vaccine
Administration (“SIRVA”). Petition at Preamble. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 28, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On January 21, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$80,000.00 representing actual and projected pain and suffering and $1,645.00
representing past unreimbursable expenses . Proffer at 1-2. In the Proffer, Respondent
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-01398-UNJ Document 42 Filed 02/26/20 Page 2 of 5
represented that Petitioner agrees with the proffered award. Id. at 2. 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 $81,645.00 (representing $80,000.00 for actual and projected pain
and suffering and $1,645.00 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

Case 1:18-vv-01398-UNJ Document 42 Filed 02/26/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SASHA WEISER-FREEDMAN,
Petitioner, No. 18-1398V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On September 14, 2018, Sasha Weiser-Freedman (“petitioner”) filed a petition for
compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
§§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. The Petition alleged that petitioner
suffered right shoulder injuries following her receipt of an influenza vaccine on October 17,
2016. Respondent conceded petitioner’s entitlement to compensation in his Rule 4(c) Report
filed on October 28, 2019. Based on Respondent’s Rule 4(c) Report the Chief Special Master
found petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $80,000.00 in actual and projected
pain and suffering. This amount reflects that any award for projected pain and suffering has
been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:18-vv-01398-UNJ Document 42 Filed 02/26/20 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,645.00. Petitioner agrees.
II. Form of the Award
Respondent recommends that compensation provided to petitioner should be made
through a lump sum payment of $81,645.00, in the form of a check payable to petitioner.1 This
lump sum payment represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). 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
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:18-vv-01398-UNJ Document 42 Filed 02/26/20 Page 5 of 5
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-1586
Date: January 21, 2020
3