VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00427
Package ID: USCOURTS-cofc-1_19-vv-00427
Petitioner: Carol Scott
Filed: 2019-03-21
Decided: 2020-09-14
Vaccine: influenza
Vaccination date: 2017-08-28
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 129749

AI-assisted case summary:
Carol Scott filed a petition for compensation under the National Vaccine Injury Compensation Program on March 21, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on August 28, 2017. The respondent conceded that compensation was appropriate, finding that Ms. Scott met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table. A ruling on entitlement was issued on June 8, 2020, finding her entitled to compensation. Subsequently, on August 13, 2020, the respondent filed a proffer on award of compensation, recommending an award of $129,749.48, which included $127,500.00 for pain and suffering and $2,249.48 for past out-of-pocket medical expenses. Ms. Scott, who is a competent adult, agreed with the proffered award. The court issued a decision awarding damages on September 14, 2020, granting the lump sum payment of $129,749.48.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00427-0
Date issued/filed: 2020-07-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/08/2020) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00427-UNJ Document 30 Filed 07/10/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0427V
UNPUBLISHED
CAROL SCOTT, Chief Special Master Corcoran
Petitioner, Filed: June 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)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 21, 2019, Carol Scott 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
August 28, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On June 4, 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 compensation is appropriate
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-00427-UNJ Document 30 Filed 07/10/20 Page 2 of 2
because [P]etitioner meets the criteria for a presumed SIRVA, as defined by the
Vaccine Injury Table Id. at 2.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-00427-1
Date issued/filed: 2020-09-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/14/2020) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00427-UNJ Document 37 Filed 09/14/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0427V
UNPUBLISHED
CAROL SCOTT, Chief Special Master Corcoran
Petitioner, Filed: August 14, 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)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 21, 2019, Carol Scott 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
August 28, 2017. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On June 8, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 13, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $129,749.983
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 Respondent has indicated this calculation is incorrect and confirmed that Petitioner’s award should be
$129,749.48. Petitioner agrees. See Informal Communication (Remark) dated August 14, 2020.

Case 1:19-vv-00427-UNJ Document 37 Filed 09/14/20 Page 2 of 4
(comprised of $127,500.00 for pain and suffering and $2,249.48 for past out of pocket
medical expenses). Proffer at 1. 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 $129,749.48 (comprised of $127,500.00 for pain and suffering and
$2,249.48 for past out of pocket medical 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

Case 1:19-vv-00427-UNJ Document 37 Filed 09/14/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CAROL SCOTT,
)
)
Petitioner,
) No. 19-427V
v.
) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On June 4, 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
June 8, 2020, finding that petitioner was entitled to vaccine compensation for her left-sided
shoulder injury related to vaccine administration. Based upon the evidence of record, respondent
proffers that petitioner should be awarded $129,749.98. The award is comprised of the
following: $127,500.00 for pain and suffering and $2,249.48 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 $129,749.98, 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-00427-UNJ Document 37 Filed 09/14/20 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case
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
DARRYL R. WISHARD
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
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 353-1589
Dated: August 13, 2020
2