VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01837
Package ID: USCOURTS-cofc-1_18-vv-01837
Petitioner: Mark Mueller
Filed: 2018-11-30
Decided: 2020-01-22
Vaccine: influenza
Vaccination date: 2017-12-03
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA), including left shoulder adhesive capsulitis, tendinosis of the supraspinatus and infraspinatus tendons, and articular and bursal sided fraying
Outcome: compensated
Award amount USD: 90651

AI-assisted case summary:
Mark Mueller filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2018, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination received on December 3, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 26, 2019, conceding that Mr. Mueller's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table, that he suffered residual effects for more than six months, and that he satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 26, 2019, finding Mr. Mueller entitled to compensation. Subsequently, on December 17, 2019, the parties submitted a proffer on the award of compensation. The respondent recommended, and Mr. Mueller agreed, that he should be awarded $90,651.33. This amount consisted of $90,000.00 for pain and suffering and $651.33 for past unreimbursable expenses. Chief Special Master Corcoran accepted this proffer and issued a Decision Awarding Damages on January 22, 2020, awarding Mr. Mueller a lump sum payment of $90,651.33. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond its classification as SIRVA.

Theory of causation field:
Petitioner Mark Mueller alleged Shoulder Injury Related to Vaccine Administration (SIRVA), including left shoulder adhesive capsulitis, tendinosis of the supraspinatus and infraspinatus tendons, and articular and bursal sided fraying, following an influenza vaccination on December 3, 2017. The respondent conceded that the injury was consistent with SIRVA as defined on the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. The case proceeded to a ruling on entitlement, finding petitioner entitled to compensation. A subsequent proffer on award of compensation was agreed upon by both parties. Chief Special Master Brian H. Corcoran issued a decision awarding a lump sum of $90,651.33, comprising $90,000.00 for pain and suffering and $651.33 for past unreimbursable expenses. The theory of causation relied on the Vaccine Injury Table for SIRVA. No specific medical experts were named in the provided text, and the mechanism of injury beyond the Table definition was not detailed. Petitioner was represented by Jimmy A. Zgheib, and respondent by Sarah Christina Duncan. The decision date for the award was January 22, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01837-0
Date issued/filed: 2020-01-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/26/2019) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01837-UNJ Document 36 Filed 01/06/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1837V
UNPUBLISHED
MARK MUELLER, Chief Special Master Corcoran
Petitioner, Filed: November 26, 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)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On November 30, 2018, Mark Mueller 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccination administered on
December 3, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On November 26, 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 “has concluded that petitioner’s alleged
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-01837-UNJ Document 36 Filed 01/06/20 Page 2 of 2
injury is consistent with SIRVA as defined on the Vaccine Injury Table.” Id. at 5.
Respondent further agrees that “petitioner suffered the residual effects of his condition
for more than six months” and that “petitioner 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-01837-1
Date issued/filed: 2020-01-22
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/20/2019) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01837-UNJ Document 38 Filed 01/22/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1837V
UNPUBLISHED
MARK MUELLER, Chief Special Master Corcoran
Petitioner, Filed: December 20, 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)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 30, 2018, Mark Mueller 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered on
December 3, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On November 26, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 17, 2019, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$90,651.33 (consisting of $90,000.00 for pain and suffering and $651.33 for past
unreimbursable expenses). Proffer at 3. In the Proffer, Respondent represented 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-01837-UNJ Document 38 Filed 01/22/20 Page 2 of 5
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 $90,651.33 (consisting of $90,000.00 for pain and suffering and
$651.33 for past unreimbursable expenses) 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-01837-UNJ Document 38 Filed 01/22/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARK MUELLER, )
)
Petitioner, )
) No. 18-1837V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 30, 2018, Mark Mueller (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that he suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), “including left shoulder adhesive capsulitis, tendinosis of the
supraspinatus and infraspinatus tendons, and articular and bursal sided fraying,” as a result of an
influenza (“flu”) vaccine he received on December 3, 2017. Petition at 1. On November 26,
2019, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report
indicating that this case is appropriate for compensation under the terms of the Act, and the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation the
same day. ECF No. 28; ECF No. 29.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Mark Mueller should be awarded $90,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and

Case 1:18-vv-01837-UNJ Document 38 Filed 01/22/20 Page 4 of 5
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Mark Mueller’s expenditure of past
unreimbursable expenses related to his vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $651.33, as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to Mark Mueller should be made
through a lump sum payment as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following1: a lump sum payment of $90,651.33,
representing compensation for pain and suffering ($90,000.00), and past unreimbursable
expenses ($651.33), in the form of a check payable to petitioner, Mark Mueller.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Mark Mueller: $90,651.33
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting 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 lost earnings
and future pain and suffering.
2

Case 1:18-vv-01837-UNJ Document 38 Filed 01/22/20 Page 5 of 5
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
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) 514-9729
Fax: (202) 616-4310
DATED: December 17, 2019
3