VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01049
Package ID: USCOURTS-cofc-1_19-vv-01049
Petitioner: Catherine Price
Filed: 2019-07-19
Decided: 2021-05-05
Vaccine: influenza
Vaccination date: 2017-10-02
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 112500

AI-assisted case summary:
Catherine Price filed a petition for compensation under the National Vaccine Injury Compensation Program on July 19, 2019. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed in the Vaccine Injury Table, as a result of an influenza vaccination she received on October 2, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Price was entitled to compensation. The respondent's report indicated that medical personnel reviewed the petition and medical records and determined that Ms. Price met the criteria for SIRVA as outlined in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. Specifically, the respondent noted that Ms. Price had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the affected shoulder, and no other condition explained her symptoms. On January 22, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Price entitled to compensation. Subsequently, on March 30, 2021, the parties filed a proffer on the award of compensation. The respondent proffered that Ms. Price should be awarded $112,500.00 for actual pain and suffering, and Ms. Price agreed with this amount. On May 5, 2021, Chief Special Master Corcoran issued a decision awarding Ms. Price a lump sum payment of $112,500.00, payable by check to Ms. Price, as compensation for actual pain and suffering. The decision was issued by Chief Special Master Brian H. Corcoran. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP. Respondent's counsel was Laurie Wiesner of the U.S. Department of Justice.

Theory of causation field:
Petitioner Catherine Price alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an October 2, 2017 influenza vaccination. The respondent conceded entitlement, agreeing that Petitioner met the criteria for SIRVA as outlined in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The respondent's position was that Petitioner had no prior history of shoulder issues, experienced pain and reduced range of motion within 48 hours of the intramuscular vaccination, and symptoms were limited to the vaccinated shoulder, with no other condition explaining the symptoms. The case was decided based on this concession and the medical records. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on January 22, 2021, and the decision awarding damages on May 5, 2021. The award was a lump sum of $112,500.00 for actual pain and suffering, payable to Petitioner. Petitioner was represented by Paul R. Brazil, and Respondent was represented by Laurie Wiesner.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01049-0
Date issued/filed: 2021-03-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/22/2021) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01049-UNJ Document 27 Filed 03/03/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1049V
UNPUBLISHED
CATHERINE PRICE, Chief Special Master Corcoran
Petitioner, Filed: January 22, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Laurie Wiesner, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 19, 2019, Catherine Price 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 Table Injury, Shoulder Injury Related
to Vaccine Administration (SIRVA), as a result of her October 2, 2017 influneza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 19, 2021, 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 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-01049-UNJ Document 27 Filed 03/03/21 Page 2 of 2
1, 6-7. Specifically, Respondent indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (DICP), have reviewed the
petition and medical records filed in the case. It is respondent’s position that
petitioner has satisfied the criteria set forth in the Vaccine Injury Table
(Table) and the Qualifications and Aids to Interpretation (QAI); petitioner
had no history of pain, inflammation or dysfunction in her left shoulder; her
pain and reduced range of motion occurred within 48 hours of her receipt of
an intramuscular vaccination; her symptoms were limited to the shoulder in
which the vaccine was administered; and no other condition or abnormality
was identified to explain her symptoms. 42 C.F.R. § 100.3(a), (c)(10).
Id. at 6.
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-01049-1
Date issued/filed: 2021-05-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/31/2021) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01049-UNJ Document 34 Filed 05/05/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1049V
UNPUBLISHED
CATHERINE PRICE, Chief Special Master Corcoran
Petitioner, Filed: March 31, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Laurie Wiesner, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 19, 2019, Catherine Price 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 Table Injury, Shoulder Injury Related
to Vaccine Administration (SIRVA), as a result of her October 2, 2017 influneza (“flu”)
vaccination. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On January 22, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On March 30, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $112,500.00 in actual
pain and suffering. Proffer at 1-2. 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-01049-UNJ Document 34 Filed 05/05/21 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 $112,500.00 (representing compensation for actual pain and
suffering) 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-01049-UNJ Document 34 Filed 05/05/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CATHERINE PRICE,
Petitioner, No. 19-1049V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 19, 2019, Catherine Price (“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 Shoulder Injury Related to Vaccine Administration
(“SIRVA”) as a result of an influenza vaccine she received on October 2, 2017. Petition at 1-6.
On January 19, 2021, 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,
and on January 22, 2021, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 24; ECF No. 27.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $112,500.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). 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

Case 1:19-vv-01049-UNJ Document 34 Filed 05/05/21 Page 4 of 4
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $112,500.00, representing
compensation for actual pain and suffering in the form of a check payable to petitioner,
Catherine Price.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Catherine Price: $ 112,500.00
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
/s/ Laurie Wiesner
LAURIE WIESNER
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) 305-0253
laurie.wiesner@usdoj.gov
DATED: March 30, 2021
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.
2