VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00370
Package ID: USCOURTS-cofc-1_19-vv-00370
Petitioner: Lorraine Fleagle
Filed: 2019-03-11
Decided: 2020-09-30
Vaccine: influenza
Vaccination date: 2014-09-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 67981

AI-assisted case summary:
Lorraine Fleagle filed a petition for compensation under the National Vaccine Injury Compensation Program on March 11, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 17, 2014. The respondent filed a Rule 4(c) report conceding that Ms. Fleagle was entitled to compensation. The respondent agreed that the claim met the Table criteria for SIRVA, that the case was timely filed, that the vaccine was received in the United States, and that 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 May 8, 2020, finding Ms. Fleagle entitled to compensation. Subsequently, on August 31, 2020, the respondent filed a proffer on award of compensation. The proffer indicated that Ms. Fleagle should be awarded $67,981.88, comprising $65,000.00 for pain and suffering and $2,981.88 for past unreimbursable expenses. Ms. Fleagle, a competent adult, agreed with the proffered award. Chief Special Master Corcoran issued a decision on September 30, 2020, awarding the stipulated amount of $67,981.88 as a lump sum payment in the form of a check payable to Ms. Fleagle. Petitioner's counsel was Lawrence R. Cohan of Anapol Weiss, and respondent's counsel was Christine Mary Becer of the U.S. Department of Justice.

Theory of causation field:
Petitioner Lorraine Fleagle alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on September 17, 2014. The respondent conceded that the claim met the Table criteria for SIRVA, was timely filed, and satisfied the statutory severity requirement. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Chief Special Master Brian H. Corcoran ruled on entitlement on May 8, 2020. On August 31, 2020, a decision was issued awarding a stipulated amount of $67,981.88, consisting of $65,000.00 for pain and suffering and $2,981.88 for past unreimbursable expenses, based on a proffer agreed to by both parties. Petitioner was represented by Lawrence R. Cohan, and respondent was represented by Christine Mary Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00370-0
Date issued/filed: 2020-06-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/08/2020) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00370-UNJ Document 30 Filed 06/08/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0370V
UNPUBLISHED
LORRAINE FLEAGLE, Chief Special Master Corcoran
Petitioner, Filed: May 8, 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)
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 11, 2019, Lorraine Fleagle 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 related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered on
September 17, 2014. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On May 7, 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 has concluded that Petitioner’s claim meets the Table criteria
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-00370-UNJ Document 30 Filed 06/08/20 Page 2 of 2
for SIRVA Id. at 9. Respondent further agrees that “the case was timely filed, that the
vaccine was received in the United States, and that the [P]etitioner 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-00370-1
Date issued/filed: 2020-09-30
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/31/2020) 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-00370-UNJ Document 36 Filed 09/30/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0370V
UNPUBLISHED
LORRAINE FLEAGLE, Chief Special Master Corcoran
Petitioner, Filed: August 31, 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)
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 11, 2019, Lorraine Fleagle 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 related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered on
September 17, 2014. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On May 8, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 31, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $67,981.88 (comprised
of $65,000.00 for pain and suffering and $2,981.88 for past unreimbursable expenses).
Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the
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-00370-UNJ Document 36 Filed 09/30/20 Page 2 of 5
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 $67,981.88 (comprised of $65,000.00 for pain and suffering and
$2,981.88 for past unreimbursable 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.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-00370-UNJ Document 36 Filed 09/30/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
LORRAINE FLEAGLE, )
)
Petitioner, )
) No. 19-370V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 11, 2019, Lorraine Fleagle (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza (“flu”) vaccine on September 17, 2014. Petition at 1. On May 7, 2020, the
Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that
this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury,
and on May 8, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 27; ECF No. 28.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $65,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-00370-UNJ Document 36 Filed 09/30/20 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $2,981.88. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 following1: a lump sum payment of $67,981.88, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Lorraine Fleagle: $67,981.88
Respectfully submitted,
ETHAN P. DAVIS
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
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.
2

Case 1:19-vv-00370-UNJ Document 36 Filed 09/30/20 Page 5 of 5
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
DATED: August 31, 2020
3