VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01766
Package ID: USCOURTS-cofc-1_18-vv-01766
Petitioner: Paula F. Peterson
Filed: 2018-11-16
Decided: 2020-08-12
Vaccine: influenza
Vaccination date: 2017-01-10
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 62500

AI-assisted case summary:
Paula F. Peterson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2018. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on January 10, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 30, 2019, conceding that Ms. Peterson was entitled to compensation. The respondent agreed that her condition met the criteria set forth in the Vaccine Injury Table for SIRVA and that she had satisfied all legal prerequisites for compensation under the Vaccine Act. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 31, 2019, finding Ms. Peterson entitled to compensation. Subsequently, the parties submitted a proffer on damages. On July 13, 2020, the respondent filed a proffer recommending an award of $62,500.00 for actual and projected pain and suffering, with projected pain and suffering reduced to net present value. The proffer stated that Ms. Peterson agreed with this award. Chief Special Master Corcoran issued a decision on August 12, 2020, awarding Ms. Peterson a lump sum payment of $62,500.00, representing compensation for all damages available under the Vaccine Act. The award was to be paid in the form of a check payable to Ms. Peterson. Douglas Lee Burdette represented the petitioner, and Jennifer Leigh Reynaud represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Paula F. Peterson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on January 10, 2017. The respondent conceded entitlement, agreeing that the condition met the criteria set forth in the Vaccine Injury Table for SIRVA and that Petitioner satisfied all legal prerequisites. The public text does not detail specific medical evidence, expert testimony, or a proposed mechanism of injury beyond the Table definition. The case resulted in a concession of entitlement and an award of $62,500.00 for actual and projected pain and suffering, reduced to net present value, paid as a lump sum. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on December 31, 2019, and the damages decision on August 12, 2020. Petitioner was represented by Douglas Lee Burdette, and respondent by Jennifer Leigh Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01766-0
Date issued/filed: 2020-01-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/31/2019) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01766-UNJ Document 23 Filed 01/31/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1766V
UNPUBLISHED
PAULA F. PETERSON, Chief Special Master Corcoran
Petitioner, Filed: December 31, 2019
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)
Douglas Lee Burdette, Burdette Law, PLLC, North Bend, WA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On November 16, 2018, Paula F. Peterson 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”) vaccine
received on January 10, 2017. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On December 30, 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, “[i]t is respondent’s position that
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-01766-UNJ Document 23 Filed 01/31/20 Page 2 of 2
petitioner has satisfied the criteria set forth in the Vaccine Injury Table for SIRVA.” Id. at
4. Respondent further agrees that “the medical records outlined above demonstrate
that she suffered the residual effects of her condition for more than six months . . . .
[and] has satisfied all legal prerequisites for compensation under the Vaccine Act.” 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-01766-1
Date issued/filed: 2020-08-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/13/2020) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01766-UNJ Document 34 Filed 08/12/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1766V
UNPUBLISHED
PAULA F. PETERSON, Chief Special Master Corcoran
Petitioner, Filed: July 13, 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)
Douglas Lee Burdette, Burdette Law, PLLC, North Bend, WA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 16, 2018, Paula F. Peterson 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”) vaccine
received on January 10, 2017. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On December 31, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On July 13, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $62,500.00.
for actual and projected pain and suffering, with projected pain and suffering reduced to
net present value. Proffer at 1. In the Proffer, Respondent represented that Petitioner
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-01766-UNJ Document 34 Filed 08/12/20 Page 2 of 4
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 $62,500.00 (for actual and projected pain and suffering, with
projected pain and suffering reduced to net present value) 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-01766-UNJ Document 34 Filed 08/12/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PAULA F. PETERSON,
Petitioner, No. 18-1766V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On November 16, 2018, Paula F. Peterson (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. The Petition alleged that petitioner received an
influenza (“flu”) vaccine on January 10, 2017, and that she subsequently suffered a Shoulder
Injury Related to Vaccine Administration (“SIRVA”). Petition at Preamble. Respondent
conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on December 30,
2019. Based on Respondent’s Rule 4(c) Report the Court found petitioner entitled to
compensation.
I. Item of Compensation
Respondent proffers that petitioner should be awarded $62,500.00 in actual and projected
pain and suffering. This amount reflects that any award for projected pain and suffering has
been reduced to net present value and represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
1

Case 1:18-vv-01766-UNJ Document 34 Filed 08/12/20 Page 4 of 4
through a lump sum payment of $62,500.00, in the form of a check made payable to petitioner.1
This lump sum payment represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). 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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: July 13, 2020
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
medical expenses, future lost earnings, and future pain and suffering.
2