VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00076
Package ID: USCOURTS-cofc-1_19-vv-00076
Petitioner: Maxine Paul
Filed: 2019-01-15
Decided: 2020-06-24
Vaccine: influenza
Vaccination date: 2018-01-29
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 47500

AI-assisted case summary:
Maxine Paul filed a petition on January 15, 2019, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on January 29, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 11, 2020, conceding that Ms. Paul was entitled to compensation. The respondent agreed that Ms. Paul's condition met the criteria for SIRVA as defined by the Vaccine Injury Table, including having no recent history of shoulder pain or dysfunction, experiencing onset of pain within 48 hours of vaccination, pain limited to the vaccinated shoulder, no other identified cause for the pain, and residual effects lasting over six months. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 13, 2020, finding Ms. Paul entitled to compensation. Subsequently, on May 15, 2020, the respondent filed a proffer agreeing to an award of $47,500.00 for actual pain and suffering, which Petitioner accepted. Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Robert Paul Coleman, III of the U.S. Department of Justice. Chief Special Master Corcoran issued a decision on June 24, 2020, awarding Ms. Paul a lump sum payment of $47,500.00 for actual pain and suffering, payable by check to Petitioner. The public decision does not describe the specific onset symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as SIRVA.

Theory of causation field:
Petitioner Maxine Paul alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on January 29, 2018. The respondent conceded entitlement, agreeing that the injury met the criteria for SIRVA as defined by the Vaccine Injury Table, including no prior shoulder issues, onset within 48 hours of vaccination, pain limited to the vaccinated shoulder, no other identified cause, and residual effects lasting over six months. The public text does not name specific medical experts or detail the mechanism of injury beyond the SIRVA classification. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 13, 2020, and a decision awarding damages on June 24, 2020. The award was a lump sum of $47,500.00 for actual pain and suffering, agreed upon by both parties. Petitioner was represented by John Robert Howie, and Respondent was represented by Robert Paul Coleman, III.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00076-0
Date issued/filed: 2020-04-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/13/2020) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00076-UNJ Document 25 Filed 04/14/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-76V
UNPUBLISHED
MAXINE PAUL, Chief Special Master Corcoran
Petitioner, Filed: March 13, 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)
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 15, 2019, Maxine Paul 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 SIRVA after receiving the flu
vaccine on January 29, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 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. Specifically, Respondent states that the medical personnel at the Division of Injury
Compensation Programs has concluded that Petitioner suffered a SIRVA as defined by
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 1:19-vv-00076-UNJ Document 25 Filed 04/14/20 Page 2 of 2
the Vaccine Injury Table Id. at 3. Respondent further agrees that Petitioner had no
recent history of pain, inflammation, or dysfunction of her left shoulder; the onset of pain
occurred within 48 hours after receipt of an intramuscular vaccination; the pain was
limited to the shoulder where the vaccine was administered; no other condition or
abnormality has been identified to explain Petitioner’s left shoulder pain; and, Petitioner
suffered the residual effects of her condition for more than six months. Id. (citing 42
C.F.R. §§ 100.3(a), (c)(10); 42 U.S.C. § 300aa-11(c)(1)(D)(i)).
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_19-vv-00076-1
Date issued/filed: 2020-06-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/18/2020) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00076-UNJ Document 32 Filed 06/24/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-76V
UNPUBLISHED
MAXINE PAUL, Chief Special Master Corcoran
Petitioner, Filed: May 18, 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)
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 15, 2019, Maxine Paul 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 SIRVA after receiving the flu
vaccine on January 29, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 13, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On May 15, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $47,500.00. Proffer at
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.
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 1:19-vv-00076-UNJ Document 32 Filed 06/24/20 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $47.500.00 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 1:19-vv-00076-UNJ Document 32 Filed 06/24/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
MAXINE PAUL, )
)
Petitioner, )
) No. 19-76V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 15, 2019, Maxine Paul (“petitioner”) filed a Petition (“Petition”) for
compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C.
§§ 300aa-1 to -34 (“Vaccine Act”). Petitioner alleges that she suffered from a shoulder injury
related to vaccine administration (“SIRVA”) as a result of receiving an influenza vaccination in
her left shoulder on January 29, 2018. Petition at 1.
On March 11, 2020, respondent filed a Vaccine Rule 4(c) Report concluding that
petitioner suffered a SIRVA as defined by the Vaccine Injury Table, and on March 13, 2020, the
Court found petitioner entitled to compensation.
II. Items of Compensation
The parties agree that based upon the evidence of record, petitioner is entitled to
compensation for actual pain and suffering. Therefore, respondent proffers that petitioner should
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to discuss after
the Damages Decision is issued.

Case 1:19-vv-00076-UNJ Document 32 Filed 06/24/20 Page 4 of 5
be awarded actual pain and suffering damages as provided under the Vaccine Act, 42 U.S.C. §
300aa-15(a)(4). Respondent proffers that the appropriate award for petitioner’s actual pain and
suffering is $47,500.00. Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner 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 following:2
A lump sum payment of $47,500.00, representing compensation for actual pain and
suffering, in the form of a check payable to petitioner. 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
2 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 medical
expenses, future lost earnings, and future pain and suffering.
2

Case 1:19-vv-00076-UNJ Document 32 Filed 06/24/20 Page 5 of 5
s/ Robert P. Coleman III
ROBERT P. COLEMAN III
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) 305-0274
Email: Robert.P.Coleman@usdoj.gov
DATED: May 15, 2020
3