VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01544
Package ID: USCOURTS-cofc-1_18-vv-01544
Petitioner: Rebeca A. Nolan
Filed: 2018-10-05
Decided: 2020-01-17
Vaccine: influenza
Vaccination date: 2015-10-14
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 97500

AI-assisted case summary:
Rebeca A. Nolan filed a petition for compensation under the National Vaccine Injury Compensation Program on October 5, 2018, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) due to an influenza vaccine received on October 14, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 9, 2019, conceding that Ms. Nolan is entitled to compensation. The respondent agreed that Ms. Nolan suffered SIRVA of the left shoulder as defined by the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation. On October 11, 2019, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Ms. Nolan entitled to compensation. Subsequently, on December 13, 2019, the parties submitted a proffer on the award of compensation. The respondent proffered that Ms. Nolan should be awarded $97,500.00 for her past and future pain and suffering, and Ms. Nolan agreed with this amount. On January 17, 2020, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Ms. Nolan a lump sum payment of $97,500.00, representing compensation for all damages available under the Act. Petitioner was represented by Kathryn Lee Bruns of Faraci Lange, LLP, and respondent was represented by Lisa Ann Watts of the U.S. Department of Justice.

Theory of causation field:
Rebeca A. Nolan received an influenza vaccine on October 14, 2015, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was a Table Injury and that petitioner met all legal prerequisites for compensation. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. The parties agreed to a compensation award of $97,500.00 for past and future pain and suffering, which was awarded by Chief Special Master Brian H. Corcoran on January 17, 2020. Petitioner was represented by Kathryn Lee Bruns, and respondent was represented by Lisa Ann Watts.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01544-0
Date issued/filed: 2019-11-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/11/2019) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01544-UNJ Document 31 Filed 11/15/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1544V
Filed: October 11, 2019
UNPUBLISHED
REBECA A. NOLAN,
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.
Kathryn Lee Bruns, Faraci Lange, LLP, Rochester, NY, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Corcoran, Chief Special Master:
On October 5, 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 left shoulder injury related to
vaccine administration (“SIRVA”), a Table Injury, due to an influenza (“flu”) vaccine
administered on October 14, 2015. Petition at ¶¶ 1-24. 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-01544-UNJ Document 31 Filed 11/15/19 Page 2 of 2
On October 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 suffered SIRVA of the left shoulder
as defined by the Vaccine Injury Table.” Id. at 4-5. Respondent further agrees that
“petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 5.
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/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-01544-1
Date issued/filed: 2020-01-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/16/2019) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01544-UNJ Document 38 Filed 01/17/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1544V
UNPUBLISHED
REBECA A. NOLAN, Chief Special Master Corcoran
Petitioner, Filed: December 16, 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)
Kathryn Lee Bruns, Faraci Lange, LLP, Rochester, NY, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 5, 2018, Rebeca A. Nolan 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 left shoulder injury related to
vaccine administration (“SIRVA”), a Table Injury, due to an influenza (“flu”) vaccine she
received on October 14, 2015. Petition at ¶¶ 1-24. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On October 11, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 13, 2019, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$97,500.00 for her past and future pain and suffering. Proffer at 1. In the Proffer,
Respondent represented that Petitioner agrees with the proffered award. Id. Based 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-01544-UNJ Document 38 Filed 01/17/20 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 $97,500.00, 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-01544-UNJ Document 38 Filed 01/17/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
REBECA A. NOLAN,
Petitioner,
v. No. 18-1544V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF-SPU
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 5, 2018, Rebeca A. Nolan (“petitioner”) filed a petition for vaccine injury
compensation alleging that she suffered a left shoulder injury related to vaccine administration
(“SIRVA”), a Table injury, following receipt of an influenza (“flu”) vaccination administered on
October 14, 2015. Respondent filed his Rule 4(c) Report conceding entitlement to compensation
on October 9, 2019. The Chief Special Master issued a Ruling on Entitlement on October 11,
2019.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a total of $97,500.00 for her past and future pain and suffering. This 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 entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future damages.
1

Case 1:18-vv-01544-UNJ Document 38 Filed 01/17/20 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $97,500.00 in the form of a check payable to petitioner.2
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Lisa A. Watts
LISA A. WATTS
Senior 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) 616-4099
DATED: December 13, 2019
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2