VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01009
Package ID: USCOURTS-cofc-1_19-vv-01009
Petitioner: Stacia Ezell
Filed: 2019-07-15
Decided: 2021-02-04
Vaccine: influenza
Vaccination date: 2017-10-09
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 98097

AI-assisted case summary:
Stacia Ezell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on October 9, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Ezell was entitled to compensation. The respondent agreed that her case met the criteria for a Table injury, specifically SIRVA, with onset within 48 hours of vaccination and no apparent alternative cause. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms. Ezell entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $98,097.34, which included $97,500.00 for pain and suffering and $597.34 for past unreimbursable expenses. Ms. Ezell agreed with this proposed award. The Chief Special Master issued a decision awarding Ms. Ezell the stipulated lump sum payment of $98,097.34, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01009-0
Date issued/filed: 2021-02-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/01/2020) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01009-UNJ Document 28 Filed 02/01/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1009V
UNPUBLISHED
STACIA EZELL, Chief Special Master Corcoran
Petitioner, Filed: December 1, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 15, 2019, Stacia Ezell 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 right shoulder injury related to vaccine
administration (“SIRVA”) caused by the influenza vaccine on October 9, 2017. Petition at
1, ¶¶ 2, 15. Petitioner further alleges that she received the vaccination in the United
States, that she suffered the residual effects of her SIRVA for more than six months, and
that neither she nor any other party has filed a civil action or received compensation for
her SIRVA, alleged as vaccine caused. Id. at ¶¶ 2, 15-17. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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-01009-UNJ Document 28 Filed 02/01/21 Page 2 of 2
On November 30, 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 agrees that “[P]etitioner has satisfied the criteria set
forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation,
which afford petitioners a presumption of causation if onset of SIRVA occurs within forty-
eight hours after receipt of a seasonal flu vaccination and there is no apparent alternative
cause.” Id. at 4-5. Respondent further agrees that “based on the case record as it now
stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.”
Id. at 5.
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-01009-1
Date issued/filed: 2021-02-04
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/14/2020) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01009-UNJ Document 31 Filed 02/04/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1009V
UNPUBLISHED
STACIA EZELL, Chief Special Master Corcoran
Petitioner, Filed: December 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 15, 2019, Stacia Ezell 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 right shoulder injury related to vaccine
administration (“SIRVA”) caused by the influenza vaccine on October 9, 2017. Petition at
1, ¶¶ 2, 15. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On December 1, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On December 14, 2020, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$98,097.34, representing compensation in the amount of $97,500.00 for her pain and
suffering and $597.34 for her past unrembursable expenses. Proffer at 1-2. In the 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-01009-UNJ Document 31 Filed 02/04/21 Page 2 of 5
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 $98,097.34, representing compensation in the amount of
$97,500.00 for her pain and suffering and $597.34 for her actual unrembursable
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-01009-UNJ Document 31 Filed 02/04/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
STACIA EZELL, )
)
Petitioner, )
) No. 19-1009V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 15, 2019, Stacia Parnell1 (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that she suffered a right Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine she received on October 8, 2017. Petition at 1. On November 30, 2020, the Secretary of
Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is
appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on
December 1, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 20; ECF No. 21.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $97,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1 Petitioner originally filed the petition under her married name, Stacia Parnell, but the case
caption was subsequently amended on August 28, 2020, due to divorce.

Case 1:19-vv-01009-UNJ Document 31 Filed 02/04/21 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $597.34. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts 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 should 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 following2: a lump sum payment of $98,097.34, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Stacia Ezell: $98,097.34
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
2 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.
2

Case 1:19-vv-01009-UNJ Document 31 Filed 02/04/21 Page 5 of 5
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Mollie D. Gorney
MOLLIE D. GORNEY
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) 616-4029
DATED: December 14, 2020
3