VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01413
Package ID: USCOURTS-cofc-1_18-vv-01413
Petitioner: Margaret Schwarck
Filed: 2018-09-17
Decided: 2020-03-24
Vaccine: influenza
Vaccination date: 2017-10-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 92020

AI-assisted case summary:
Margaret Schwarck filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 10, 2017. The respondent, represented by Jeffrey T. Sprague and later Heather Lynn Pearlman of the U.S. Department of Justice, filed a Rule 4(c) report conceding that Ms. Schwarck's alleged injury was consistent with a SIRVA as defined on the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on this concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 30, 2019, finding Ms. Schwarck entitled to compensation. Subsequently, on February 14, 2020, Chief Special Master Brian H. Corcoran issued a decision awarding damages based on a proffer submitted by the respondent. The parties agreed to a total award of $92,020.64, which included $90,000.00 for pain and suffering and $2,020.64 for out-of-pocket medical expenses. This amount represented all damages available under the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC. The decision was posted publicly in accordance with the E-Government Act of 2002.

Theory of causation field:
Petitioner Margaret Schwarck alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 10, 2017. The respondent conceded that the injury was consistent with a SIRVA as defined on the Vaccine Injury Table and that residual effects lasted more than six months. This concession led to a ruling on entitlement by Chief Special Master Nora Beth Dorsey on September 30, 2019. Subsequently, a proffer on award of compensation was filed, and Chief Special Master Brian H. Corcoran issued a decision on March 24, 2020, awarding Petitioner $92,020.64, comprising $90,000.00 for pain and suffering and $2,020.64 for out-of-pocket medical expenses. The theory of causation relied on the Vaccine Injury Table (SIRVA). Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Jeffrey T. Sprague and Heather Lynn Pearlman. No specific medical experts or detailed mechanism of injury were described in the public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01413-0
Date issued/filed: 2019-11-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/30/2019) regarding 22 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-01413-UNJ Document 26 Filed 11/05/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1413V
Filed: September 30, 2019
UNPUBLISHED
MARGARET SCHWARCK,
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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 17, 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
October 10, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such material from
public access. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is 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-01413-UNJ Document 26 Filed 11/05/19 Page 2 of 2
On September 27, 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 alleged injury is
consistent with a SIRVA as defined on the Vaccine Injury Table. Id. at 7. Respondent
further agrees that petitioner suffered the residual effects of her condition for more than
six months. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01413-1
Date issued/filed: 2020-03-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/14/2020) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01413-UNJ Document 37 Filed 03/24/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1413V
UNPUBLISHED
MARGARET SCHWARCK, Chief Special Master Corcoran
Petitioner, Filed: February 14, 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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Heather Lynn Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 17, 2018, Margaret Schwarck 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 10, 2017. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 30, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On February 13, 2020, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$92,020.64. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees
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-01413-UNJ Document 37 Filed 03/24/20 Page 2 of 5
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 $92,020.64 (representing compensation in the amount of
$90,000.00 for pain and suffering and $2,020.64 for out-of-pocket medical
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-01413-UNJ Document 37 Filed 03/24/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
MARGARET SCHWARCK, )
)
Petitioner, ) No. 18-1413V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 17, 2018, Margaret Schwarck (“petitioner”) filed a petition for
compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
§§ 300aa-1 to -34, as amended. She alleges that, as a result of receiving the influenza vaccine on
October 10, 2017, she suffered from a shoulder injury related to vaccine administration
(SIRVA). See Petition. On September 27, 2019, respondent filed his Vaccine Rule 4(c) report,
concluding that petitioner suffered a left SIRVA as defined by the Vaccine Injury Table within
the Table timeframe. On September 30, 2019, former Chief Special Master Dorsey issued a
ruling on entitlement, finding that petitioner was entitled to compensation for a SIRVA Table
injury.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:18-vv-01413-UNJ Document 37 Filed 03/24/20 Page 4 of 5
a lump sum of $92,020.64 for all damages, with $90,000.00 representative of her pain and
suffering, and $2,020.64 representative of her out-of-pocket medical expenses. This amount
represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-
15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment, as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following: A lump sum payment of $92,020.64 in
the form of a check payable to petitioner.2 Petitioner agrees.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:18-vv-01413-UNJ Document 37 Filed 03/24/20 Page 5 of 5
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Jeffrey T. Sprague
JEFFREY T. SPRAGUE
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4179
Dated: February 13, 2020
3