VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00157
Package ID: USCOURTS-cofc-1_19-vv-00157
Petitioner: Tina MacFarlin
Filed: 2019-01-30
Decided: 2020-06-16
Vaccine: influenza
Vaccination date: 2016-10-26
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 85850

AI-assisted case summary:
Tina MacFarlin filed a petition for compensation under the National Vaccine Injury Compensation Program on January 30, 2019, alleging that she suffered a left shoulder injury caused by an influenza vaccine she received on October 26, 2016. The petition stated that the vaccine was administered in the United States, the injury's residual effects lasted for more than six months, and no civil action had been filed or award received for the injury. The case was assigned to the Special Processing Unit. On May 14, 2020, the respondent filed a Rule 4(c) report conceding that Ms. MacFarlin was entitled to compensation, agreeing that her injury met the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) as listed on the Vaccine Injury Table and that she had 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 May 15, 2020, finding Ms. MacFarlin entitled to compensation. Subsequently, on June 16, 2020, Chief Special Master Corcoran issued a decision awarding damages. The parties stipulated to a total award of $85,850.00. This amount included $85,000.00 for actual and projected pain and suffering, with projected amounts reduced to net present value, and $850.00 for unreimbursable expenses. The award was to be paid as a lump sum via check to Ms. MacFarlin, who is a competent adult. Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Tina MacFarlin alleged a left shoulder injury caused-in-fact by an influenza vaccine received on October 26, 2016. The respondent conceded entitlement, agreeing that the injury met the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) on the Vaccine Injury Table. The public text does not name specific medical experts or detail the mechanism of injury. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 15, 2020, and a decision awarding damages on June 16, 2020. The award totaled $85,850.00, consisting of $85,000.00 for pain and suffering and $850.00 for unreimbursable expenses, paid as a lump sum. Petitioner was represented by Shealene Priscilla Mancuso, and respondent by Jennifer Leigh Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00157-0
Date issued/filed: 2020-06-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/15/2020) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00157-UNJ Document 30 Filed 06/15/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0157V
UNPUBLISHED
TINA MCFARLIN, Chief Special Master Corcoran
Petitioner, Filed: May 15, 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)
Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On January 30, 2019, Tina MacFarlin 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 caused-in-fact
by the influenza vaccine she received on October 26, 2016. Petition at 1, ¶¶ 2, 26.
Petitioner further alleges that she received the vaccine in the United States, suffered the
residual effects of her injury for more than six months, and that neither she nor any
other party has filed a civil action or received an award for her injury, alleged as vaccine
caused. Id. at ¶¶ 2, 26-28. 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 1:19-vv-00157-UNJ Document 30 Filed 06/15/20 Page 2 of 2
On May 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 4(c) Report at
1. Specifically, Respondent believes “that petitioner has satisfied the criteria set forth in
the Vaccine Injury Table for SIRVA.” Id. at 5. Respondent further agrees that “based on
the record as it now stands, 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_19-vv-00157-1
Date issued/filed: 2020-06-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/15/2020) regarding 26 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00157-UNJ Document 31 Filed 06/16/20 Page 1 of 4
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0157V
UNPUBLISHED
TINA MCFARLIN, Chief Special Master Corcoran
Petitioner, Filed: May 15, 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)
Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On January 30, 2019, Tina MacFarlin 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 caused-in-fact
by the influenza vaccine she received on October 26, 2016. Petition at 1, ¶¶ 2, 26.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 15, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her left shoulder injury. On May 15, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$85,850.00, representing $85,000.00 for her actual and projected3 pain and suffering
and $850.00 for her unreimburseable expenses. Proffer at 1. 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).
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 1:19-vv-00157-UNJ Document 31 Filed 06/16/20 Page 2 of 4
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 $85,850.00, representing $85,000.00 for her actual and projected
pain and suffering and $850.00 for her unreimburseable 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

CCaassee 11::1199--vvvv--0000115577--UUNNJJ DDooccuummeenntt 2351 FFiilleedd 0056//1156//2200 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TINA MCFARLIN,
Petitioner, No. 19-157V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On January 30, 3019, Tina McFarlin (“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 October 25, 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 May 14, 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 $85,000.00 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.
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
1

CCaassee 11::1199--vvvv--0000115577--UUNNJJ DDooccuummeenntt 2351 FFiilleedd 0056//1156//2200 PPaaggee 24 ooff 24
awarded past unreimbursable expenses in the amount of $850.00. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $85,850.00, 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
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 15, 2020
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