VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00981
Package ID: USCOURTS-cofc-1_19-vv-00981
Petitioner: Rebecca Cary
Filed: 2019-07-09
Decided: 2021-10-28
Vaccine: influenza
Vaccination date: 2018-02-27
Condition: left-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 177966

AI-assisted case summary:
Rebecca Cary filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccination on February 27, 2018, and subsequently suffered from a left-sided shoulder injury related to vaccine administration (SIRVA) that lasted for more than six months. The respondent conceded that Petitioner's claim met the Table criteria for SIRVA, agreeing that she had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and that her pain and reduced range of motion were limited to the injection site. The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and Petitioner met the statutory severity requirement. Based on the respondent's concession and the evidence of record, the Chief Special Master found Petitioner entitled to compensation. Subsequently, the respondent proffered an award of $177,966.61, consisting of $110,000.00 for pain and suffering, $66,533.80 for past lost wages, and $1,432.81 for unreimbursable expenses, which Petitioner agreed to. The court awarded this amount as compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00981-0
Date issued/filed: 2021-10-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/27/2021) regarding 48 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00981-UNJ Document 56 Filed 10/27/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-981V
UNPUBLISHED
REBECCA CARY, Chief Special Master Corcoran
Petitioner, Filed: September 27, 2021
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)
Theodore J. Hong, Maglio, Christopher & Toale PA, Seattle, WA, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 9, 2019, Rebecca Cary 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 received an influenza (“flu”) vaccination on February 27,
2018, and thereafter suffered from a left-sided shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1- 6. Petitioner further alleges that her injuries lasted
for more than six months. Petition at 6, ¶ 21. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 24, 2021, Respondent filed a combined Rule 4(c) report and Proffer
(“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to compensation in this
case. Rule 4/Proffer at 1. Specifically, Respondent states that Petitioner’s claim meets
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00981-UNJ Document 56 Filed 10/27/21 Page 2 of 2
the Table criteria for SIRVA. Id. at 8. Respondent further agrees that “petitioner had no
apparent 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 petitioner’s symptoms.” Id. Respondent states that
Petitioner is entitled to a presumption of vaccine causation. Id.
Finally, Respondent agrees that “[w]ith respect to other statutory and jurisdictional
issues, the records show that the case was timely filed, that the vaccine was received in
the United States, and that petitioner satisfies the statutory severity requirement by
suffering the residual effects or complications of her injury for more than six months after
vaccine administration…Petitioner also avers that she has never filed an action for her
vaccine-related injury, nor has she ever received compensation in the form of an award
or settlement.” Id. Thus, in light of the information contained in Petitioner’s medical
records and affidavit, respondent concedes that entitlement to compensation is
appropriate under the terms of the Vaccine Act.
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-00981-1
Date issued/filed: 2021-10-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/27/2021) regarding 49 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00981-UNJ Document 57 Filed 10/28/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0981V
UNPUBLISHED
REBECCA CARY, Chief Special Master Corcoran
Petitioner, Filed: September 27, 2021
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)
Theodore J. Hong, Maglio, Christopher & Toale PA, Seattle, WA, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 9, 2019, Rebecca Cary 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 received an influenza (“flu”) vaccination on February 27,
2018, and thereafter suffered from a left-sided shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1- 6. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 27, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On September 24, 2021, Respondent filed a
combined Rule 4(c) Report and proffer on award of compensation (“Rule 4/Proffer”)
indicating Petitioner should be awarded a total of $177,966.61, consisting of $110,000.00
in pain and suffering, $66,533.80 in past lost wages, and $1,432.81 in unreimbursable
expenses. Rule 4/Proffer at 9. In the Rule 4/Proffer, Respondent represented that
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00981-UNJ Document 57 Filed 10/28/21 Page 2 of 2
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 Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum
payment of $177,966.61, consisting of $110,000.00 in pain and suffering, $66,533.80
in past lost wages, and $1,432.81 in unreimbursable expenses in the form of a
check payable to Petitioner. This amount represents compensation for all damages that
would be available under Section 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