VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01493
Package ID: USCOURTS-cofc-1_18-vv-01493
Petitioner: Melissa Hardin
Filed: 2018-09-27
Decided: 2020-03-24
Vaccine: influenza
Vaccination date: 2015-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 112280

AI-assisted case summary:
Melissa Hardin filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 28, 2015. The case was assigned to the Special Processing Unit. On February 7, 2020, the Respondent filed a Rule 4(c) Report and Proffer, conceding that Petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she suffered the residual effects of her condition 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 February 11, 2020, finding Petitioner entitled to compensation. Subsequently, on February 11, 2020, Chief Special Master Corcoran issued a decision awarding damages. The Respondent's Rule 4(c) Report and Proffer indicated that Petitioner agreed with a proffered award of $112,280.65. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The public decision also does not name any specific medical experts. Chief Special Master Corcoran awarded Melissa Hardin a lump sum payment of $112,280.65, payable by check to Petitioner, representing compensation for all damages available under section 15(a) of the Vaccine Act. The attorneys for the petitioner were Philip James Roth, Jr. of Marshall, Roth & Gregory, PC, and the attorney for the respondent was Traci R. Patton of the U.S. Department of Justice.

Theory of causation field:
Petitioner Melissa Hardin alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 28, 2015. The Respondent conceded that the injury was consistent with SIRVA as defined on the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. The public text does not detail the specific mechanism of injury, medical experts, or diagnostic evidence. Chief Special Master Brian H. Corcoran ruled on entitlement on February 11, 2020, and issued a decision awarding damages on February 11, 2020. The award was a lump sum of $112,280.65, accepted by the Petitioner, representing compensation for all damages under § 15(a). Attorneys involved were Philip James Roth, Jr. for the petitioner and Traci R. Patton for the respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01493-0
Date issued/filed: 2020-03-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/11/2020) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01493-UNJ Document 37 Filed 03/23/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1493V
UNPUBLISHED
MELISSA HARDIN, Chief Special Master Corcoran
Petitioner, Filed: February 11, 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)
Philip James Roth, Jr., Marshall, Roth & Gregory, PC, Asheville, NC, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 27, 2018, Melissa Hardin 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
September 28, 2015. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 7, 2020, Respondent filed a Rule 4(c) Report and Proffer in which
he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report and Proffer at 1. Specifically, Respondent concludes that “petitioner’s
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-01493-UNJ Document 37 Filed 03/23/20 Page 2 of 2
alleged injury is consistent with a shoulder injury related to vaccine administration
(“SIRVA”) as defined on the Vaccine Injury Table.” Id. at 6. 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, 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-01493-1
Date issued/filed: 2020-03-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/11/2020) 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-01493-UNJ Document 38 Filed 03/24/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1493V
UNPUBLISHED
MELISSA HARDIN, Chief Special Master Corcoran
Petitioner, Filed: February 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)
Philip James Roth, Jr., Marshall, Roth & Gregory, PC, Asheville, NC, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 27, 2018, Melissa Hardin 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
September 28, 2015. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 7, 2020, Respondent filed a combined Rule 4(c) Report and Proffer
on award of compensation (“Rule 4(c) Report and Proffer”) indicating Petitioner should
be awarded $112,280.65. See Rule 4(c) Report and Proffer at 7. On February 11,
2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for
her SIRVA.
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-01493-UNJ Document 38 Filed 03/24/20 Page 2 of 2
In the Rule 4(c) Report and 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 Rule 4(c) Report and Proffer.
Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum
payment of $112,280.65 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