VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01054
Package ID: USCOURTS-cofc-1_19-vv-01054
Petitioner: Deirdre Maguire
Filed: 2021-01-08
Decided: 2021-03-09
Vaccine: influenza
Vaccination date: 2016-09-27
Condition: left shoulder bursitis, subacromial tendinitis and associated sequelae, or a Shoulder Injury Related to Vaccine Administration (“SIRVA”)
Outcome: compensated
Award amount USD: 143873

AI-assisted case summary:
Deirdre Maguire filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered left shoulder bursitis, subacromial tendinitis, and associated sequelae, also known as a Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of her influenza vaccination on September 27, 2016. The Respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Ms. Maguire's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The Respondent noted that she had no prior history of shoulder issues, the pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. Furthermore, her condition resulted in residual effects lasting more than six months, satisfying the legal prerequisites for compensation. The case proceeded as a Table claim. Subsequently, a decision awarding damages was issued on March 9, 2021. The parties stipulated to an award of $143,873.70, which included $142,500.00 for pain and suffering and $1,373.70 for past lost earnings. This award was accepted by Ms. Maguire and compensated her 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-01054-0
Date issued/filed: 2021-02-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/08/2021) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01054-UNJ Document 39 Filed 02/26/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1054V
UNPUBLISHED
DEIRDRE MAGUIRE, Chief Special Master Corcoran
Petitioner, Filed: January 8, 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)
Sylvia Chin-Caplan, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 22, 2019, Deidre Maguire 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 left shoulder bursitis, subacromial
tendinitis and associated sequelae, or a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as a result of her September 27, 2016 influneza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 4, 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-01054-UNJ Document 39 Filed 02/26/21 Page 2 of 2
1, 7. Specifically, Respondent indicates that
DICP [Division of Injury Compensation Programs, Department of Health
and Human Services] has concluded that petitioner’s alleged injury is
consistent with SIRVA as defined by the Vaccine Injury Table. Specifically,
petitioner had no history of pain, inflammation, or dysfunction of her left
shoulder; pain occurred within 48 hours after receipt of an intramuscular
vaccination; pain was limited to the shoulder in which the vaccine was
administered; and no other condition or abnormality has been identified to
explain petitioner’s shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10).
Id. at 7. Respondent further agrees that “based on the medical records outlined above,
petitioner suffered the residual effects of her condition for more than six months.
Therefore, based on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Act.” Id. (citing 42 U.S.C. § 300aa-13(a)(1)(B);
42 U.S.C. § 300aa-11(c)(1)(D)(i)).
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-01054-1
Date issued/filed: 2021-03-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/4/2021) regarding 35 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (jas) Service on parties made. (Additional attachment(s) added on 3/9/2021: # (1) Proffer) (jas). Corrected docket entry. (tjk).
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Case 1:19-vv-01054-UNJ Document 40 Filed 03/09/21 Page 1 of 2
Corrected
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1054V
UNPUBLISHED
DEIRDRE MAGUIRE, Chief Special Master Corcoran
Petitioner, Filed: February 4, 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)
Sylvia Chin-Caplan, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 22, 2019, Deirdre Maguire 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 left shoulder bursitis, subacromial
tendinitis and associated sequelae, or a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as a result of her September 27, 2016 influneza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 8, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On January 12, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $143,873.70,
representing compensation for pain and suffering ($142,500.00) and past lost earnings
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-01054-UNJ Document 40 Filed 03/09/21 Page 2 of 2
($1,373.70). Proffer at 1-2. 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 $143,873.70, representing compensation for pain and suffering
($142,500.00) and past lost earnings ($1,373.70), 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