VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01876
Package ID: USCOURTS-cofc-1_18-vv-01876
Petitioner: Carole Weeks
Filed: 2019-01-21
Decided: 2020-06-29
Vaccine: influenza
Vaccination date: 2017-08-09
Condition: left shoulder/arm pain
Outcome: compensated
Award amount USD: 76027

AI-assisted case summary:
Carole Weeks filed a petition for compensation under the National Vaccine Injury Compensation Program on December 6, 2018, alleging that she suffered left shoulder/arm pain caused by an influenza vaccination received on August 9, 2017. The petition stated that the vaccination was received in the United States, that the residual effects of the injury lasted for at least six months, and that no civil action had been filed. The case was assigned to the Special Processing Unit. On January 21, 2020, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA). The Respondent also agreed that the case was timely filed, the vaccine was received in the United States, and the Petitioner satisfied the statutory severity requirement. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement finding Petitioner entitled to compensation. Subsequently, on May 22, 2020, the Respondent filed a proffer on the award of compensation. The proffer proposed an award of $76,027.97, which included $72,500.00 for pain and suffering, $2,625.05 for past unreimbursable expenses, and $902.92 for future medical expenses. The proffer stated that Petitioner agreed with this award. Chief Special Master Corcoran issued a Decision Awarding Damages on June 29, 2020, awarding Petitioner a lump sum of $76,027.97, payable by check to Petitioner, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Renee Ja Gentry, and Respondent was represented by Claudia Barnes Gangi.

Theory of causation field:
Petitioner Carole Weeks alleged left shoulder/arm pain caused-in-fact by an influenza vaccine received on August 9, 2017. The Respondent conceded that the claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA). The case was timely filed, the vaccine was administered in the United States, and the Petitioner satisfied the statutory severity requirement of suffering residual effects for more than six months. Chief Special Master Brian H. Corcoran ruled on entitlement based on the Respondent's concession. A subsequent damages decision was based on a proffer agreed to by both parties. The award was a lump sum of $76,027.97, comprising $72,500.00 for pain and suffering, $2,625.05 for past unreimbursable expenses, and $902.92 for future medical expenses. Petitioner was represented by Renee Ja Gentry, and Respondent was represented by Claudia Barnes Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01876-0
Date issued/filed: 2020-02-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/21/2020) regarding 37 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01876-UNJ Document 39 Filed 02/24/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1876V
UNPUBLISHED
CAROLE WEEKS, Chief Special Master Corcoran
Petitioner, Filed: January 21, 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)
Renee Ja Gentry, The Law Office of Renee J. Gentry, Washington, DC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 6, 2018, Carole Weeks 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 left shoulder/arm pain caused-in-fact
by the influenza vaccination she received on August 9, 2017. Petition at 1, ¶¶ 2, 10.
Petitioner further alleges that she received the vaccination in the United States, that she
suffered the residual effects of her SIRVA for at least six months, and that she has not
filed a civil action or received compensation for her injuries, alleged as vaccine caused.
Id. at ¶¶ 2, 11-13. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
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-01876-UNJ Document 39 Filed 02/24/20 Page 2 of 2
On January 21, 2020, 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 claim meets
the Table criteria for SIRVA.” Id. at 5. Respondent further agrees that “[w]ith respect to
other statutory and jurisdictional issues, the records show that the case was timely filed,
that the vaccine was received in the United States, and that petitioner satisfies the
statutory severity requirement by suffering the residual effects or complications of her
injury for more than six months after vaccine administration.” 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-01876-1
Date issued/filed: 2020-06-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/22/2020) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01876-UNJ Document 48 Filed 06/29/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1876V
UNPUBLISHED
CAROLE WEEKS, Chief Special Master Corcoran
Petitioner, Filed: May 22, 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)
Renee Ja Gentry, The Law Office of Renee J. Gentry, Washington, DC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On December 6, 2018, Carole Weeks 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 left shoulder/arm pain caused-in-fact
by the influenza vaccination she received on August 9, 2017. Petition at 1, ¶¶ 2, 10.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 21, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her left shoulder injury. On May 22, 2020, Respondent filed
a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$76,027.97, representing $72,500.00 for her actual and projected3 pain and suffering,
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).
3 The Proffer indicates that any amounts for projected pain and suffering have been reduced to net
present value. Proffer at 1 (citing § 15 (a)(4)).

Case 1:18-vv-01876-UNJ Document 48 Filed 06/29/20 Page 2 of 5
$2,625.05 for her actual unreimburseable expenses, and $902.92 for her future medical
expenses. Proffer at 1-2. 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 $76,027.97, representing $72,500.00 for her actual and projected
pain and suffering, $2,625.05 for her actual unreimburseable expenses, and
$902.92 for her future medical 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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-01876-UNJ Document 48 Filed 06/29/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CAROL WEEKS, )
)
Petitioner, )
) No. 18-1876V
v. ) Chief Special Master Corcoran
) (ECF)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
On January 21, 2020, respondent filed a Rule 4(c) Report, in which he conceded that
petitioner sustained a Table left shoulder injury related to vaccine administration (SIRVA) from
the flu vaccine administered on August 9, 2017; that the records show that the case was timely
filed; that the vaccine was received in the United States; and that petitioner satisfies the statutory
severity requirement by suffering the residual effects or complications of her injury for more
than six months after vaccine administration. ECF No. 36. That same day, the Court issued a
Ruling on Entitlement, finding that petitioner is entitled to compensation. ECF No. 37.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that the Court should award petitioner a lump sum of $72,500.00 for
her actual and projected pain and suffering. This amount reflects that the award for projected
pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4).
Petitioner agrees.

Case 1:18-vv-01876-UNJ Document 48 Filed 06/29/20 Page 4 of 5
B. Past Unreimbursable Expenses
Respondent proffers that the Court should award petitioner a lump sum of $2,625.05 for
past unreimbursable expenses, as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner
agrees.
C. Future Medical Expenses
Respondent proffers that the Court should award petitioner a lump sum of $902.92 in
future medical care expenses. This amount reflects that the award for future medical care
expenses has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(1)(A). 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 petitioner should be made through a
lump sum payment of $76,027.97, in the form of a check payable to petitioner, which represents
all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-
15(a).1 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
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 and future medical expenses.

Case 1:18-vv-01876-UNJ Document 48 Filed 06/29/20 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Claudia B. Gangi
CLAUDIA B. GANGI
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) 616-4138
claudia.gangi@usdoj.gov
Dated: May 22, 2020