VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01729
Package ID: USCOURTS-cofc-1_18-vv-01729
Petitioner: Erin Jensen
Filed: 2018-11-07
Decided: 2020-08-05
Vaccine: influenza
Vaccination date: 2016-10-27
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Erin Jensen filed a petition for compensation under the National Vaccine Injury Compensation Program on November 7, 2018. She alleged that she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 27, 2016. The respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation, stating that her claim met the Table criteria for SIRVA. The respondent agreed that the petitioner had no prior history of shoulder pain or dysfunction that would explain her symptoms, that her pain onset likely occurred within 48 hours of vaccination, that her pain and reduced range of motion were limited to the vaccinated shoulder, and that no other condition explained her symptoms. Based on the respondent's concession and the evidence, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 31, 2020, finding Ms. Jensen entitled to compensation. Subsequently, on June 29, 2020, the respondent filed a proffer on award of compensation, proposing a lump sum payment of $100,000.00 for pain and suffering, to which the petitioner agreed. On August 5, 2020, Chief Special Master Corcoran issued a decision awarding Erin Jensen a lump sum payment of $100,000.00 for pain and suffering, representing all elements of compensation available under the Vaccine Act. The award was to be paid in the form of a check payable to Ms. Jensen. Theodore J. Hong of Maglio Christopher & Toale, PA, represented the petitioner, and Glenn Alexander MacLeod and Debra A. Filteau Begley of the U.S. Department of Justice represented the respondent.

Theory of causation field:
Petitioner Erin Jensen alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 27, 2016. The respondent conceded that the claim met the Table criteria for SIRVA. The respondent's Rule 4(c) report stated that the petitioner had no prior shoulder issues, experienced onset of pain within 48 hours of vaccination, had pain limited to the vaccinated shoulder, and had no other condition explaining the symptoms. Chief Special Master Brian H. Corcoran ruled on entitlement on January 31, 2020, finding Ms. Jensen entitled to compensation. On June 29, 2020, the respondent proffered an award of $100,000.00 for pain and suffering, which the petitioner accepted. Chief Special Master Corcoran awarded this lump sum on August 5, 2020. Petitioner was represented by Theodore J. Hong, and respondent was represented by Glenn Alexander MacLeod and Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01729-0
Date issued/filed: 2020-03-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/31/2020) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01729-UNJ Document 34 Filed 03/04/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1729V
UNPUBLISHED
ERIN JENSEN, Chief Special Master Corcoran
Petitioner, Filed: January 31, 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)
Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
On November 7, 2018, Erin Jensen 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 right shoulder injury related to
vaccine administration (“SIRVA”), as a result of an influenza (“flu”) vaccine she received
on October 27, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 30, 2020, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule
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-01729-UNJ Document 34 Filed 03/04/20 Page 2 of 2
4(c) Report at 1. Specifically, Respondent states that Petitioner’s claim meets the Table
criteria for SIRVA. Id. at 4. Respondent further agrees that “[P]etitioner had no history
of pain, inflammation or dysfunction of the affected shoulder prior to intramuscular
vaccine administration that would explain the alleged signs, symptoms, examination
findings, and/or diagnostic studies occurring after vaccine injection; she likely suffered
the onset of pain within forty-eight hours of vaccine administration; her pain and
reduced range of motion were limited to the shoulder in which the intramuscular vaccine
was administered; and there is no other condition or abnormality present that would
explain petitioner’s symptoms.” 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-01729-1
Date issued/filed: 2020-08-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/29/2020) 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-01729-UNJ Document 48 Filed 08/05/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1729V
UNPUBLISHED
ERIN JENSEN, Chief Special Master Corcoran
Petitioner, Filed: June 29, 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)
Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 7, 2018, Erin Jensen 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 right shoulder injury related to
vaccine administration (“SIRVA”), as a result of an influenza (“flu”) vaccine she received
on October 27, 2016. Petition at 1. Petitioner further alleges that her vaccine-related
injuries have lasted more than six months after the administration of the vaccine.
Petition at 4. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 31, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On June 29, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $100,000.00
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-01729-UNJ Document 48 Filed 08/05/20 Page 2 of 4
for her pain and suffering. Proffer at 1. In the 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 Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $100,000.00 (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-01729-UNJ Document 48 Filed 08/05/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
ERIN JENSEN, *
*
Petitioner, * No. 18-1729V
* Chief Special Master Corcoran
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 30, 2020, respondent filed a Rule 4(c) Report, conceding that petitioner’s
claim meets the Table criteria for a SIRVA injury. On January 31, 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 $100,000.00, 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-01729-UNJ Document 48 Filed 08/05/20 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 $100,000.00, 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
DARRYL R. WISHARD
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: June 29, 2020
2