VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00597
Package ID: USCOURTS-cofc-1_19-vv-00597
Petitioner: Nancy Andrews
Filed: 2019-04-22
Decided: 2021-02-10
Vaccine: influenza
Vaccination date: 2017-10-21
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Nancy Andrews filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination on October 21, 2017. The respondent conceded that her claim met the Vaccine Injury Table criteria for SIRVA, noting that she had no prior history of shoulder issues, the pain and reduced range of motion were limited to the injection site, and the symptoms persisted for more than six months. The ruling on entitlement was issued on November 10, 2020, finding her entitled to compensation. Subsequently, on February 10, 2021, a decision awarding damages was issued based on a proffer agreement between the parties. The court awarded Nancy Andrews, as personal representative of her estate, a lump sum of $80,000.00 for pain and suffering, representing all damages available under the Vaccine Act. Nancy Andrews passed away on June 10, 2020, from causes unrelated to the vaccination, and her son was substituted as the proper party to receive the award.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00597-0
Date issued/filed: 2020-12-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/10/2020) 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-00597-UNJ Document 31 Filed 12/14/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-597V
UNPUBLISHED
DANIEL ANDREWS Chief Special Master Corcoran
Personal Representative of the
Estate of NANCY ANDREWS, Filed: November 10, 2020
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
On April 22, 2019, Nancy Andrews2 filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine
Administration (SIRVA) after receiving an influenza (flu) vaccination on October 21, 2017.
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 The filing Petitioner, Nancy Andrews, passed away on June 10, 2020. ECF No. 22. Petitioner’s son, as
the personal representative of the Estate of Nancy Andrews, substituted the decedent as Petitioner on
October 9, 2020. ECF No. 24.
3 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-00597-UNJ Document 31 Filed 12/14/20 Page 2 of 2
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On November 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 at
1. Specifically, Respondent reviewed the facts of this case and concluded that
Petitioner’s claim meets the Vaccine Table Criteria for SIRVA. Id. at 7. Respondent found
that Petitioner “had no history of pain, inflammation, or dysfunction of the affected
shoulder prior to intramuscular vaccine administration that would explain the alleged
signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine
injection; she more likely than not suffered the onset of pain within forty-eight hours of
vaccine administration; her pain and reduced range of motion were limited to the shoulder
in which the intramuscular vaccine was administered; and there is no other condition or
abnormality present that would explain her symptoms . . . .” and that she “suffered the
residual effects or complications of her injury for more than six months after vaccine
administration.” Id. at 7-8 (citations omitted).
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-00597-1
Date issued/filed: 2021-02-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/29/2020) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00597-UNJ Document 44 Filed 02/10/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-597V
UNPUBLISHED
DANIEL ANDREWS, Personal Chief Special Master Corcoran
Representative of the Estate of
NANCY ANDREWS, Filed: December 29, 2020
Petitioner, Special Processing Unit (SPU);
v. Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Catherine E. Stolar, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On April 22, 2019, Nancy Andrews filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). 3 Petitioner alleged that she suffered a shoulder injury related to vaccine
administration (SIRVA) after receiving an influenza vaccination on October 21, 2017.
Petition at 1. Petitioner further alleged the vaccination was administered in the United
States, she experienced the residual effects of this injury for more than six months, and
there has been no prior award or settlement of a civil action on her behalf as a result of
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 Petitioner passed away on June 10, 2020, due to causes unrelated to her vaccination. ECF No. 22. On
October 9, 2020, Petitioner’s son, Daniel Andrews as the Personal Representative of the Estate of Nancy
Andrews, was a substituted as the proper party. ECF No. 24.

Case 1:19-vv-00597-UNJ Document 44 Filed 02/10/21 Page 2 of 5
her condition.. Petition at 1, 10. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On November 10, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 23, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $80,000.00.
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 $80,000.00 in the form of a check payable to Petitioner, Daniel
Andrews, as Personal Representative of the Estate of Nancy Andrews. 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-00597-UNJ Document 44 Filed 02/10/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DANIEL ANDREWS, Personal )
Representative of the Estate of NANCY )
ANDREWS, )
) No. 19-597V
Petitioner, ) Chief Special Master Corcoran
) ECF
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 22, 2019, Nancy Andrews filed a petition for compensation under the National
Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“the Vaccine Act” or “the
Act”), as amended. She claimed that her receipt of an influenza (“flu”) vaccination on October
21, 2017, caused her to develop a Shoulder Injury Related to Vaccine Administration
(“SIRVA”). On June 10, 2020, Ms. Andrews passed away. See Sept. 23, 2020 Mot. to
Substitute, Doc. No. 22, at 3-4 (death certificate). On September 15, 2020, Ms. Andrews’ son,
Daniel Andrews, was appointed as Personal Representative of the Estate of Nancy Andrews. See
id. at 5 (Sept. 15, 2020 state court order). Counsel for petitioner subsequently filed a
“Suggestion of Death” and “Motion to Substitute Proper Party” on September 23, 2020,
requesting that Daniel Andrews, as personal representative, and hereinafter referred to as
“petitioner,” be substituted in as the proper party.1 Id. at 1-2.
1 This motion was granted by the Court on October 9, 2020. See Oct. 9, 2020 Order, Doc. No.
24.

Case 1:19-vv-00597-UNJ Document 44 Filed 02/10/21 Page 4 of 5
On November 9, 2020, respondent filed a Rule 4(c) Report, Doc. No. 25, concluding that
Ms. Andrews sustained an injury that is compensable under the Act, that is a SIRVA injury as
defined in the Vaccine Injury Table. See 42 C.F.R. § 100.3. On November 10, 2020, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. See
Nov. 10, 2020 (Unpublished) Ruling on Entitlement, Doc. No. 28.
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $80,000.00 for Ms. Andrews’
actual pain and suffering, as provided under Section 300aa-15(a)(4) of the Vaccine Act. This
amount 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 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 following: a lump sum payment of $80,000.00, in the form of a
check payable to petitioner, Daniel Andrews, as Personal Representative of the Estate of Nancy
Andrews.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Daniel Andrews, as Personal Representative of the
Estate of Nancy Andrews: $80,000.00
Respectfully submitted,
JEFFREY BOSSERT CLARK
Acting Assistant Attorney General
2

Case 1:19-vv-00597-UNJ Document 44 Filed 02/10/21 Page 5 of 5
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Catherine E. Stolar
CATHERINE E. STOLAR
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) 353-3299
Fax: (202) 616-4310
Email: catherine.stolar@usdoj.gov
DATED: 12/23/20
3