VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00287
Package ID: USCOURTS-cofc-1_19-vv-00287
Petitioner: Judith Walters
Filed: 2019-02-22
Decided: 2020-12-03
Vaccine: influenza (flu)
Vaccination date: 2016-09-20
Condition: left upper extremity injures
Outcome: compensated
Award amount USD: 125180

AI-assisted case summary:
Judith Walters filed a petition for compensation under the National Vaccine Injury Compensation Program on February 22, 2019, alleging that she suffered left upper extremity injuries resulting from an influenza vaccination received on September 20, 2016. The case was assigned to the Special Processing Unit. On August 20, 2020, the Respondent filed a Rule 4(c) report conceding that Ms. Walters was entitled to compensation. The Respondent determined that she met the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) as a Table injury, with onset within 48 hours and no apparent alternative cause, and that her residual effects lasted more than six months. Based on the Respondent's concession and the evidence, a ruling on entitlement was issued finding her eligible for compensation. Subsequently, on December 3, 2020, a decision awarding damages was issued. The Respondent's proffer, which Ms. Walters agreed with, recommended an award of $125,180.77. The court awarded this lump sum payment to Ms. Walters, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00287-0
Date issued/filed: 2020-11-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/20/2020) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00287-UNJ Document 32 Filed 11/16/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-287V
UNPUBLISHED
JUDITH WALTERS, Chief Special Master Corcoran
Petitioner, Filed: August 20, 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)
Yuri Jelokov, Farrish Johnson Law Office, Mankato, MN, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On February 22, 2019, Judith Walters 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 left upper extremity injures that
resulted from the administration and adverse effects of an influenza (flu) vaccination
received on September 20, 2016. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On August 20, 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 determined that based on the medical records, Petitioner
“satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications
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-00287-UNJ Document 32 Filed 11/16/20 Page 2 of 2
and Aids to Interpretation, which afford petitioners a presumption of causation if onset of
SIRVA occurs within forty-eight hours after receipt of a seasonal flu vaccination and there
is no apparent alternative cause . . . .” and that Petitioner “experienced the residual effects
of her SIRVA for more than six months.” Id. at 4. Respondent concluded that Petitioner
satisfied all legal prerequisites for compensation under the 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-00287-1
Date issued/filed: 2020-12-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/20/2020) 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-00287-UNJ Document 33 Filed 12/03/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-287V
UNPUBLISHED
JUDITH WALTERS, Chief Special Master Corcoran
Petitioner, Filed: August 20, 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)
Yuri Jelokov, Farrish Johnson Law Office, Mankato, MN, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On February 22, 2019, Judith Walters 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 left upper extremity injures that
resulted from the administration and adverse effects of an influenza (flu) vaccination
received on September 20, 2016. Petition at 1. Petitioner further alleges the vaccine was
administered within the United States, she experienced the residual effects of her injuries
for more than six months, and there has been no prior award or settlement of a civil action
for damages as a result of her condition. Id. at 1-2. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On August 20, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for Petitioner’s SIRVA. On August 20, 2020, Respondent filed his Rule
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-00287-UNJ Document 33 Filed 12/03/20 Page 2 of 2
4(c) report and proffer on award of compensation (“Proffer”) indicating Petitioner should
be awarded $125,180.77. Proffer at 5. 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 Proffer, I award Petitioner a lump sum
payment of $125,180.77 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