VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00194
Package ID: USCOURTS-cofc-1_19-vv-00194
Petitioner: Michelle Leftwich
Filed: 2019-02-01
Decided: 2020-07-29
Vaccine: influenza
Vaccination date: 2016-09-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 118000

AI-assisted case summary:
Michelle Leftwich filed a petition for compensation on February 1, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 22, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on June 18, 2020, conceding that the petitioner's claim met the Table criteria for 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 by suffering residual effects or complications for more than six months after vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 23, 2020, finding Petitioner entitled to compensation. Subsequently, on July 29, 2020, Chief Special Master Corcoran issued a decision awarding damages. The respondent had proffered an award of $118,000.00, which the petitioner accepted. The court awarded Petitioner a lump sum payment of $118,000.00 for pain and suffering. Petitioner was represented by Charles J. Rappaport of Rappaport, Glass, Levine & Zullo, LLP, and the respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Michelle Leftwich alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 22, 2016. The respondent conceded that the claim met the Table criteria for SIRVA, was timely filed, the vaccine was administered in the U.S., and the petitioner met the statutory severity requirement. No specific medical experts or detailed causation theories beyond the Table injury were presented in the public text. The Special Master found Petitioner entitled to compensation based on the respondent's concession. A damages decision was issued on July 29, 2020, awarding Petitioner a lump sum of $118,000.00 for pain and suffering, which was accepted. Chief Special Master Brian H. Corcoran presided over the entitlement ruling (June 23, 2020) and the damages decision. Petitioner's counsel was Charles J. Rappaport, and respondent's counsel was Camille Michelle Collett.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00194-0
Date issued/filed: 2020-07-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/23/2020) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00194-UNJ Document 40 Filed 07/27/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-194V
UNPUBLISHED
MICHELLE LEFTWICH, Chief Special Master Corcoran
Petitioner, Filed: June 23, 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)
Charles J. Rappaport, Rappaport, Glass, Levine & Zullo, LLP, Hauppauge, NY, for
petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On February 1, 2019, Michelle Leftwich 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 as a result of an
influenza (“flu”) vaccine administered on September 22, 2016. Petition at 1, 6. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 18, 2020, Respondent filed his Rule 4(c) Report and Proffer in which he
concedes that Petitioner is entitled to compensation in this case for her shoulder injury
related to vaccine administration (“SIRVA”). Respondent’s Rule 4(c) Report and Proffer
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-00194-UNJ Document 40 Filed 07/27/20 Page 2 of 2
at 1. Specifically, Respondent concludes that “petitioner’s claim meets the Table criteria
for SIRVA.” Id. at 7. Respondent further agrees 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_19-vv-00194-1
Date issued/filed: 2020-07-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/23/2020) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00194-UNJ Document 41 Filed 07/29/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-194V
UNPUBLISHED
MICHELLE LEFTWICH, Chief Special Master Corcoran
Petitioner, Filed: June 23, 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)
Charles J. Rappaport, Rappaport, Glass, Levine & Zullo, LLP, Hauppauge, NY, for
petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On February 1, 2019, Michelle Leftwich 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 as a result of an
influenza (“flu”) vaccine administered on September 22, 2016. Petition at 1, 6. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 18, 2020, Respondent filed a combined Rule 4(c) Report and proffer on
award of compensation (“Rule 4(c) Report and Proffer”) indicating Petitioner should be
awarded $118,000.00. Rule 4(c) Report and Proffer at 8. On June 23, 2020, a ruling
on entitlement was issued, finding Petitioner entitled to compensation for her shoulder
injury related to vaccine administration (“SIRVA”). In the Rule 4(c) Report and 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-00194-UNJ Document 41 Filed 07/29/20 Page 2 of 2
Respondent represented that Petitioner agrees with the proffered award. Rule 4(c)
Report and Proffer at 8. Based on the record as a whole, I find that Petitioner is entitled
to an award as stated in the Rule 4(c) Report and Proffer.
Pursuant to the terms stated in the Rule 4(c) Report and Proffer, I award
Petitioner a lump sum payment of $118,000.00 (representing compensation in the
amount of $118,000.00 for pain and suffering) 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