VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01928
Package ID: USCOURTS-cofc-1_18-vv-01928
Petitioner: Jill Carpenter
Filed: 2018-12-17
Decided: 2020-06-29
Vaccine: influenza
Vaccination date: 2016-11-14
Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 61271

AI-assisted case summary:
Jill Carpenter filed a petition for compensation under the National Vaccine Injury Compensation Program on December 17, 2018, alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on November 14, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 11, 2020, conceding that Ms. Carpenter satisfied the criteria for SIRVA on the Vaccine Injury Table and that there was no other cause for her injury. The respondent also agreed that the medical records demonstrated she had suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 10, 2020, finding Ms. Carpenter entitled to compensation. Subsequently, on May 19, 2020, the parties filed a proffer on the award of damages. The respondent proffered an award of $61,271.29, which included $60,000.00 for pain and suffering and $1,271.29 for past unreimbursable expenses. Ms. Carpenter agreed with the proffered award. On June 29, 2020, Chief Special Master Corcoran issued a decision awarding Ms. Carpenter a total of $61,271.29 as a lump sum payment, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jill Carpenter alleged a left Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on November 14, 2016. The respondent conceded that Petitioner met the criteria for SIRVA as listed on the Vaccine Injury Table and that no other cause for the injury was apparent. The medical records indicated residual effects lasting over six months. The Special Master found Petitioner entitled to compensation based on the respondent's concession and the record. The parties subsequently agreed to a damages award. The final award was $61,271.29, consisting of $60,000.00 for pain and suffering and $1,271.29 for past unreimbursable expenses, paid as a lump sum. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on March 10, 2020, and the decision awarding damages on June 29, 2020. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Jennifer Leigh Reynaud. The theory of causation was based on the Vaccine Injury Table for SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01928-0
Date issued/filed: 2020-04-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/10/2020) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01928-UNJ Document 28 Filed 04/14/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1928V
UNPUBLISHED
JILL CARPENTER, Chief Special Master Corcoran
Petitioner, Filed: March 10, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 17, 2018, Jill Carpenter 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 receiving an influenza (“flu”) vaccine on
November 14, 2016. Petition at Preamble. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 11, 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. Respondent concedes that Petitioner has satisfied the criteria set forth
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-01928-UNJ Document 28 Filed 04/14/20 Page 2 of 2
in the Vaccine Injury Table for SIRVA. Id. at 3. Respondent further agrees that there is
no other cause for Petitioner’s shoulder injury and that the medical records demonstrate
that she has suffered the residual effects of her condition for more than six months. 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-01928-1
Date issued/filed: 2020-06-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/20/2020) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01928-UNJ Document 36 Filed 06/29/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1928V
UNPUBLISHED
JILL CARPENTER, Chief Special Master Corcoran
Petitioner, Filed: May 20, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On December 17, 2018, Jill Carpenter 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 receiving an influenza (“flu”) vaccine on
November 14, 2016. Petition at Preamble. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 10, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a left SIRVA. On May 19, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $61,271.29,
including $60,000.00 in actual and projected pain and suffering and $1,271.29 in past
unreimbursable expenses. Proffer at 1-2. In the Proffer, Respondent represented that
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-01928-UNJ Document 36 Filed 06/29/20 Page 2 of 5
Petitioner agrees with the proffered award. Id. at 2. 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 $61,271.29 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-01928-UNJ Document 36 Filed 06/29/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JILL CARPENTER,
Petitioner, No. 18-1928V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On December 17, 2018, Jill Carpenter (“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 alleges that petitioner received an
influenza (“flu”) vaccine on November 14, 2016, 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 February 11,
2020. Based on Respondent’s Rule 4(c) Report the Court found petitioner entitled to
compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $60,000.00 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. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:18-vv-01928-UNJ Document 36 Filed 06/29/20 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,271.29. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $61,271.29, 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
HEATHER L. PEARLMAN
Assistant 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
medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:18-vv-01928-UNJ Document 36 Filed 06/29/20 Page 5 of 5
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: May 19, 2020
3