VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01511
Package ID: USCOURTS-cofc-1_18-vv-01511
Petitioner: Michelle Roy
Filed: 2020-02-13
Decided: 2020-06-29
Vaccine: influenza
Vaccination date: 2015-11-04
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Michelle Roy filed a petition on September 28, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her November 4, 2015 influenza vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 10, 2020, conceding that Petitioner's claim met the Table criteria for SIRVA. The respondent indicated that the alleged injury was consistent with SIRVA caused by the flu vaccine, identified no other causes for the SIRVA, and noted that Petitioner met the statutory requirements by suffering the 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 13, 2020, finding Petitioner eligible for compensation under the National Vaccine Injury Compensation Program. Subsequently, on May 21, 2020, the parties filed a proffer on the award of compensation. The respondent proffered an award of $80,000.00 for pain and suffering, representing all elements of compensation available under the Vaccine Act, and stated that Petitioner agreed with this amount. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and the respondent was represented by Robert Paul Coleman, III, and later Debra A. Filteau Begley, both of the U.S. Department of Justice. On June 29, 2020, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Michelle Roy a lump sum payment of $80,000.00, payable by check to Petitioner, for pain and suffering.

Theory of causation field:
Petitioner Michelle Roy alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following her November 4, 2015 influenza vaccination. The respondent conceded that the alleged injury was consistent with SIRVA caused by the vaccine and that no other causes were identified. The respondent also acknowledged that Petitioner met the statutory requirement of suffering the condition for more than six months. The case proceeded based on this concession, and a Ruling on Entitlement was issued finding Petitioner eligible for compensation. A subsequent proffer on award of compensation was filed, wherein the respondent recommended $80,000.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Brian H. Corcoran awarded Petitioner a lump sum of $80,000.00 for pain and suffering. Petitioner was represented by Jessica Olins, and respondent was represented by Robert Paul Coleman, III, and Debra A. Filteau Begley. The decision date for the award was June 29, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01511-0
Date issued/filed: 2020-03-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/13/2020) 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-01511-UNJ Document 39 Filed 03/24/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1511V
UNPUBLISHED
MICHELLE ROY, Chief Special Master Corcoran
Petitioner, Filed: February 13, 2020
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)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 28, 2018, Michelle Roy 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 November 4, 2015 influneza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On February 10, 2020, 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
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-01511-UNJ Document 39 Filed 03/24/20 Page 2 of 2
that the alleged injury is consistent with SIRVA that was caused by the
administration of petitioner’s flu vaccine on November 4, 2015. DICP did
not identify any other causes for petitioner’s SIRVA, and based on the
medical records outlined above, and petitioner met the statutory
requirements by suffering the condition for more than six months. See 42
U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(I). Therefore,
based on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Vaccine Act.
Id. at 6.
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-01511-1
Date issued/filed: 2020-06-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/22/2020) 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-01511-UNJ Document 46 Filed 06/29/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1511V
UNPUBLISHED
MICHELLE ROY, Chief Special Master Corcoran
Petitioner, Filed: May 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)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 28, 2018, Michelle Roy 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 November 4, 2015 influneza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On February 13, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On May 21, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $80,000.00,
which represents compensation for pain and suffering. Proffer at 1-2. In the Proffer,
Respondent represented that Petitioner agrees with the proffered award. Id. Based on
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-01511-UNJ Document 46 Filed 06/29/20 Page 2 of 4
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 $80,000.00 (which represents compensation for 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-01511-UNJ Document 46 Filed 06/29/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
MICHELLE ROY, *
*
Petitioner, * No. 18-1511V
* Chief Special Master Corcoran
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 10, 2020, respondent filed a Rule 4(c) Report, conceding that petitioner’s
claim meets the Table criteria for a SIRVA injury. On February 13, 2020, the Court issued a
Ruling on Entitlement finding petitioner entitled to compensation under the Vaccine Act.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following, and requests that the Chief Special Master’s decision and the Court’s judgment
award:
A lump sum payment of $80,000.00, which represents compensation for pain and
suffering, see 42 U.S.C. § 300aa-15(a)(4).
This amount represents all elements of compensation to which petitioner would be entitled under
42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
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 pain
and suffering.

Case 1:18-vv-01511-UNJ Document 46 Filed 06/29/20 Page 4 of 4
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that petitioner be awarded a lump sum payment of $80,000.00, in the
form of a check payable to petitioner. Petitioner agrees.
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: May 21, 2020
2