VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00210
Package ID: USCOURTS-cofc-1_19-vv-00210
Petitioner: Jeanne Tilley
Filed: 2019-02-06
Decided: 2020-06-03
Vaccine: influenza
Vaccination date: 2017-10-18
Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 83120

AI-assisted case summary:
Jeanne Tilley filed a petition for compensation under the National Vaccine Injury Compensation Program on February 6, 2019, alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 18, 2017. The respondent conceded that her medical course was consistent with SIRVA as defined on the Vaccine Injury Table, noting her pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also confirmed that her condition persisted for more than six months. A ruling on entitlement was issued on March 25, 2020, finding Ms. Tilley entitled to compensation. Subsequently, on May 4, 2020, the respondent proffered an award of $83,120.17, which included $82,500.00 for pain and suffering and $620.17 for past out-of-pocket medical expenses. Ms. Tilley, an adult, agreed with the proffered award. The Chief Special Master awarded the lump sum payment of $83,120.17.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00210-0
Date issued/filed: 2020-04-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/25/2020) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00210-UNJ Document 25 Filed 04/24/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0210V
UNPUBLISHED
JEANNE TILLEY, Chief Special Master Corcoran
Petitioner, Filed: March 25, 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)
Harrison Whitten Long, Rawls Law Group, Richmond, VA, for petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
On February 6, 2019, Jeanne Tilley 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) after receiving an influenza (“flu”) vaccine on October
18, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 9, 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
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-00210-UNJ Document 25 Filed 04/24/20 Page 2 of 2
at 1. Specifically, Respondent concedes that Petitioner’s “medical course is consistent
with SIRVA as defined on 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; her pain occurred within 48 hours after receipt of the vaccination; her pain
was limited to the shoulder where the vaccine was administered; no other condition or
abnormality has been identified to explain Petitioner’s shoulder pain; and Petitioner
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_19-vv-00210-1
Date issued/filed: 2020-06-03
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/04/2020) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. (Main Document 33 replaced on 6/4/2020 to correct the Respondent's name on the pdf). (fm).
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Case 1:19-vv-00210-UNJ Document 33 Filed 06/03/20 Page 1 of 4
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0210V
UNPUBLISHED
JEANNE TILLEY, Chief Special Master Corcoran
Petitioner, Filed: May 4, 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)
Harrison Whitten Long, Rawls Law Group, Richmond, VA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On February 6, 2019, Jeanne Tilley 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) after receiving an influenza (“flu”) vaccine on October
18, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 25, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a left SIRVA. On May 4, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $83,120.17. Proffer
at 1. The award is comprised of the following: $82,500.00 for pain and suffering and
$620.17 for past out of pocket medical expenses. Id. In the Proffer, Respondent
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-00210-UNJ Document 33 Filed 06/03/20 Page 2 of 4
$620.17 for past out of pocket medical expenses. Id. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $83,120.17 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-00210-UNJ Document 33 Filed 06/03/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JEANNE TILLEY,
)
)
Petitioner,
) No. 19-210V
v.
) Chief Special Master Corocran
) SPU
SECRETARY OF HEALTH AND HUMAN
) ECF
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On March 9, 2020, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. The Chief Special Master issued a Ruling on
Entitlement on March 25, 2020, finding that petitioner was entitled to vaccine compensation for
her left-sided shoulder injury. Based upon the evidence of record, respondent proffers that
petitioner should be awarded $83,120.17. The award is comprised of the following: $82,500.00
for pain and suffering and $620.17 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.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $83,120.17, in the form of a check payable to petitioner.1 Petitioner
agrees.
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.

Case 1:19-vv-00210-UNJ Document 33 Filed 06/03/20 Page 4 of 4
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-1589
Dated: May 4, 2020
2