VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01944
Package ID: USCOURTS-cofc-1_18-vv-01944
Petitioner: Stacy Clayton
Filed: 2019-01-14
Decided: 2020-07-06
Vaccine: influenza
Vaccination date: 2017-11-01
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 70082

AI-assisted case summary:
Stacy Clayton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccine she received on November 1, 2017. The respondent conceded that Ms. Clayton was entitled to compensation, stating that her condition met the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The respondent further noted that her SIRVA and its sequelae persisted for more than six months after vaccination, entitling her to a presumption of vaccine causation. Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms. Clayton entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent proffered that Ms. Clayton should be awarded $70,082.57, comprised of $70,000.00 for pain and suffering and $82.57 for past out-of-pocket medical expenses. Ms. Clayton agreed with this proffered award. The court awarded Ms. Clayton a lump sum payment of $70,082.57, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01944-0
Date issued/filed: 2020-02-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/14/2020) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (SW) Service on parties made.
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Case 1:18-vv-01944-UNJ Document 25 Filed 02/13/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1944V
UNPUBLISHED
STACY CLAYTON, Chief Special Master Corcoran
Petitioner, Filed: January 14, 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)
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for
petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 19, 2018, Stacy Clayton 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 Shoulder Injury Related to
Vaccine Administration (“SIRVA”), resulting from adverse effects of an influenza (“flu”)
vaccine she received on November 1, 2017. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On January 14, 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-01944-UNJ Document 25 Filed 02/13/20 Page 2 of 2
4(c) Report at 1. Specifically, Respondent states that “[p]etitioner has satisfied the
criteria set forth in the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to
Interpretation (‘QAI’) … In addition, based on the records outlined above, petitioner’s
SIRVA and its sequela persisted for more than six months after the administration of the
vaccine … Therefore, petitioner is entitled to a presumption of vaccine causation.” Id. at
6.
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-01944-1
Date issued/filed: 2020-07-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/08/2020) regarding 35 DECISION of Special Master - Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01944-UNJ Document 39 Filed 07/06/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1944V
UNPUBLISHED
STACY CLAYTON, Chief Special Master Corcoran
Petitioner, Filed: June 3, 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)
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for
petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On December 19, 2018, Stacy Clayton 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 Shoulder Injury Related to
Vaccine Administration (“SIRVA”), resulting from adverse effects of an influenza (“flu”)
vaccine she received on November 1, 2017. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On January 14, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On June 3, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $70,082.57
(comprised of $70,000.00 for pain and suffering, and $82.57 for past out of pocket
medical expenses. 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-01944-UNJ Document 39 Filed 07/06/20 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 $70,082.57 (comprised of $70,000.00 for pain and suffering and
$82.57 for past out of pocket 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-01944-UNJ Document 39 Filed 07/06/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
STACY CLAYTON,
)
)
Petitioner,
) No. 18-1944V
v.
) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On January 14, 2020, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. On the same day, Chief Special Master
Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based
upon the evidence of record, respondent proffers that petitioner should be awarded $70,082.57.
The award is comprised of the following: $70,000.00 for pain and suffering, and $82.57 for past
out of pocket medical expenses. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:18-vv-01944-UNJ Document 39 Filed 07/06/20 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $70,082.57, in the form of a check payable to petitioner.1 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
s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-7678
Dated: June 3, 2020
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.