VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00509
Package ID: USCOURTS-cofc-1_19-vv-00509
Petitioner: Patricia Cooper
Filed: 2019-04-08
Decided: 2020-10-20
Vaccine: influenza
Vaccination date: 2017-09-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 56199

AI-assisted case summary:
Patricia Cooper filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 11, 2017. The respondent conceded that Ms. Cooper is entitled to compensation for SIRVA, finding that her injury was a Table injury and that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master ruled on entitlement, finding Ms. Cooper eligible for compensation. Subsequently, the parties submitted a proffer on award of compensation. The respondent proffered an award of $56,199.33, comprised of $55,000.00 for pain and suffering and $1,199.33 for past unreimbursed out-of-pocket medical expenses. Ms. Cooper agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Cooper the lump sum of $56,199.33.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00509-0
Date issued/filed: 2020-08-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/13/2020) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00509-UNJ Document 22 Filed 08/12/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0509V
UNPUBLISHED
PATRICIA COOPER, Chief Special Master Corcoran
Petitioner, Filed: July 13, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
James Vincent Lopez , U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 8, 2019, Patricia Cooper 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 that she received
on September 11, 2017. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On July 13, 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 states that it is his position that “Petitioner suffered
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-00509-UNJ Document 22 Filed 08/12/20 Page 2 of 2
SIRVA as defined by the Vaccine Injury Table.” Id. at 3. Respondent further agrees
that Petitioner suffered the residual effects of her condition for more than six months.
Id. at 4.
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-00509-1
Date issued/filed: 2020-10-20
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/18/2020) 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-00509-UNJ Document 37 Filed 10/20/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0509V
UNPUBLISHED
PATRICIA COOPER, Chief Special Master Corcoran
Petitioner, Filed: September 18, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On April 8, 2019, Patricia Cooper 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 she received on
September 11, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On July 13, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On September 17, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $56,199.33
(comprised of $55,000.00 for pain and suffering and $1,199.33 for past unreimbursed out-
of-pocket expenses). Proffer at 1. In the Proffer, Respondent represented that Petitioner
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-00509-UNJ Document 37 Filed 10/20/20 Page 2 of 4
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 $56,199.33 (comprised of $55,000.00 for pain and suffering and
$1,199.33 for unreimbursed 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.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-00509-UNJ Document 37 Filed 10/20/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
PATRICIA COOPER, )
)
Petitioner, )
) No. 19-509V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On July 13, 2020, respondent filed a Rule 4(c) Report conceding that petitioner is entitled
to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”)
injury suffered following receipt of an influenza (“flu”) vaccination on September 11, 2017. On
July 13, 2020, a Ruling on Entitlement, adopting respondent’s recommendation, was issued.
Based upon the evidence of record, respondent proffers that petitioner1 should be
awarded $56,199.33. This is comprised of pain and suffering ($55,000.00) and past
unreimbursed out-of-pocket medical expenses ($1,199.33), and represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).2 Petitioner
agrees.
1 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.
2 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief.

Case 1:19-vv-00509-UNJ Document 37 Filed 10/20/20 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through:
a lump sum of $56,199.33 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Petitioner agrees.
Respectfully submitted,
JEFFREY BOSSERT CLARK
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/ JAMES V. LOPEZ
James V. Lopez
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3655
Fax: (202) 616-4310
Email: james.lopez@usdoj.gov
Dated: September 17, 2020