VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01668
Package ID: USCOURTS-cofc-1_18-vv-01668
Petitioner: Dawn Halley
Filed: 2018-10-29
Decided: 2020-07-10
Vaccine: influenza
Vaccination date: 2016-10-15
Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 68491

AI-assisted case summary:
Dawn Halley filed a petition on October 29, 2018, alleging that an influenza vaccine administered on October 15, 2016, caused a left Shoulder Injury Related to Vaccine Administration (SIRVA). The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report on April 27, 2020, stating that he did not contest entitlement, as the injury met the criteria of the Vaccine Injury Table. On April 28, 2020, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Halley entitled to compensation. Subsequently, on June 9, 2020, Respondent filed a proffer on award of compensation. The parties agreed to an award of $67,500.00 for pain and suffering and $991.26 for unreimbursed medical expenses, totaling $68,491.26. The decision dated July 10, 2020, awarded this lump sum amount to Ms. Halley, who was identified as a competent adult. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and Respondent was represented by Mark Hellie of the U.S. Department of Justice.

Theory of causation field:
Petitioner Dawn Halley alleged that an influenza vaccine administered on October 15, 2016, caused a left Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent conceded entitlement, stating that the injury met the criteria of the Vaccine Injury Table and Qualifications and Aids to Interpretation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Chief Special Master Brian H. Corcoran ruled on entitlement on April 28, 2020. A subsequent decision on July 10, 2020, awarded a lump sum of $68,491.26, comprising $67,500.00 for pain and suffering and $991.26 for unreimbursed medical expenses, based on a stipulation between the parties. Petitioner was represented by Bridget Candace McCullough and Respondent by Mark Hellie.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01668-0
Date issued/filed: 2020-05-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/28/2020) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01668-UNJ Document 36 Filed 05/29/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1668V
UNPUBLISHED
DAWN HALLEY, Chief Special Master Corcoran
Petitioner, Filed: April 28, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Uncontested;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mark Hellie, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 29, 2018, Dawn Halley 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 as a result of an influenza (“flu”) vaccine that was
administered on October 15, 2016, she suffered a left Shoulder Injury Related to
Vaccine Administration (SIRVA). Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 27, 2020, Respondent filed his Rule 4(c) report in which he states that
he does not contest that Petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report at 1. Specifically, Respondent states that “[m]edical
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-01668-UNJ Document 36 Filed 05/29/20 Page 2 of 2
personnel at the Division of Injury Compensation Programs, Department of Health and
Human Services (“DICP”), have reviewed the petition and medical records filed in the
case.” Id. at 4. Furthermore, it is “respondent’s position that petitioner has satisfied the
criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”).” 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-01668-1
Date issued/filed: 2020-07-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/09/2020) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01668-UNJ Document 43 Filed 07/10/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1668V
UNPUBLISHED
DAWN HALLEY, Chief Special Master Corcoran
Petitioner, Filed: June 9, 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)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 29, 2018, Dawn Halley 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) as a result of an influenza (“flu”) vaccination
administered on October 15, 2016. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 28, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a left SIRVA. On June 9, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $68,491.26.
Proffer at 1-2. Specifically, Petitioner is awarded $67,500.00 for pain and suffering and
$991.26 for unreimbursed out-of-pocket medical expenses. Id. In the Proffer,
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-01668-UNJ Document 43 Filed 07/10/20 Page 2 of 5
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
Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $68,491.26 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-01668-UNJ Document 43 Filed 07/10/20 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
DAWN HALLEY,
Petitioner,
Case No. 18-1668V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 29, 2018, petitioner filed a petition seeking compensation under the
Vaccine Act for a shoulder injury related to vaccine administration (“SIRVA”) in her
upper left arm that she claimed occurred following an influenza (“flu”) vaccine
administered on October 15, 2016. On April 27, 2020, respondent conceded that
entitlement to compensation was appropriate under the terms of the Vaccine Act.
Thereafter, on April 28, 2020, the Chief Special Master issued a Ruling on Entitlement,
finding that petitioner was entitled to vaccine compensation under the Vaccine Act.
I. Item of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $67,500.00, for pain and suffering, and $991.26, for unreimbursed 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.

Case 1:18-vv-01668-UNJ Document 43 Filed 07/10/20 Page 4 of 5
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment described below, and request that the Chief Special
Master’s decision and the Court’s judgment award the following: 1 a lump sum of
$68,491.26 in the form of a check payable to petitioner. 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 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 pain and suffering, and future lost wages.
2

Case 1:18-vv-01668-UNJ Document 43 Filed 07/10/20 Page 5 of 5
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: June 9, 2020
3