VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00924
Package ID: USCOURTS-cofc-1_19-vv-00924
Petitioner: Lisa Simmons
Filed: 2019-06-25
Decided: 2020-10-28
Vaccine: influenza
Vaccination date: 2016-10-21
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Lisa Simmons filed a petition for compensation under the National Vaccine Injury Compensation Program on June 25, 2019, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on October 21, 2016. The case was assigned to the Special Processing Unit. On September 25, 2020, the Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that her injury satisfied the Table criteria for SIRVA and that she had met all legal prerequisites for compensation under the Vaccine Act. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 25, 2020, finding Petitioner entitled to compensation. Subsequently, on September 28, 2020, Respondent filed a proffer on the award of compensation, proposing a lump sum payment of $60,000.00, representing compensation for all elements available under the Vaccine Act, including pain and suffering. The Petitioner, a competent adult, agreed with the proffered award. Chief Special Master Corcoran issued a Decision Awarding Damages on October 28, 2020, awarding Petitioner a lump sum payment of $60,000.00 in the form of a check payable to Petitioner. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Jeremy Fugate of the U.S. Department of Justice.

Theory of causation field:
Petitioner Lisa Simmons alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 21, 2016. The Respondent conceded entitlement to compensation, agreeing that the injury satisfied the Table criteria for SIRVA. The case proceeded as a Table claim. The public decision does not detail the specific mechanism of injury, medical experts, or competing medical theories. On September 25, 2020, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement finding Petitioner entitled to compensation. On September 28, 2020, a Decision Awarding Damages was issued, awarding Petitioner a lump sum of $60,000.00 for pain and suffering, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). Petitioner agreed with the proffered award. Petitioner was represented by John Robert Howie, and Respondent was represented by Jeremy Fugate.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00924-0
Date issued/filed: 2020-10-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/25/2020) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00924-UNJ Document 34 Filed 10/27/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-924V
UNPUBLISHED
LISA SIMMONS, Chief Special Master Corcoran
Petitioner, Filed: September 25, 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)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Jeremy Fugate, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On June 25, 2019, Lisa Simmons 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 left shoulder injury related to vaccine
administration (“SIRVA”) caused by an influenza vaccine administered on October 21,
2016. Petition at 3. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On September 25, 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 reviewed the petitioner and medical records
filed in this case, and concluded that compensation is appropriate under the Vaccine Act.
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-00924-UNJ Document 34 Filed 10/27/20 Page 2 of 2
Id. at 8. Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine 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-00924-1
Date issued/filed: 2020-10-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/28/2020) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00924-UNJ Document 35 Filed 10/28/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-924V
UNPUBLISHED
LISA SIMMONS, Chief Special Master Corcoran
Petitioner, Filed: September 28, 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)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Jeremy Fugate, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On June 25, 2020, Lisa Simmons 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”) caused by an influenza vaccine administered on October 21,
2016. Petition at 3. Petitioner further alleges that she experienced the symptoms of her
injury for more than six months, that she has not received an award or settlement for her
vaccine0relate injuries, and that the vaccine was administered within the United States.
Petition at 1, 13. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On September 25, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On September 28, 2020, Respondent filed a proffer
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-00924-UNJ Document 35 Filed 10/28/20 Page 2 of 4
on award of compensation (“Proffer”) indicating Petitioner should be awarded $60,000.00.
Proffer at 2. 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 $60,000.00 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-00924-UNJ Document 35 Filed 10/28/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LISA SIMMONS,
)
)
Petitioner,
) No. 19-924V
v.
) Chief Special Master Corcoran
)
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On September 25, 2020, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. On the same day, Chief Special Master
Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based
upon the evidence of record, respondent proffers that petitioner should be awarded $60,000.00.
The award is comprised of the following: $60,000.00 for pain and suffering. This amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. §
300aa-15(a). Petitioner agrees.

Case 1:19-vv-00924-UNJ Document 35 Filed 10/28/20 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $60,000.00, in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JEFFERY BOSSERT CLARK
Assistant Attorney General
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/ JEREMY C. FUGATE
JEREMY C. FUGATE
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) 598-3831
Dated: September 25, 2020 Jeremy.Fugate2@usdoj.gov
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.