VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01101
Package ID: USCOURTS-cofc-1_19-vv-01101
Petitioner: Brenda McBride
Filed: 2019-07-30
Decided: 2021-02-01
Vaccine: influenza
Vaccination date: 2017-11-10
Condition: full thickness rotator cuff tear
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Brenda McBride filed a petition for compensation under the National Vaccine Injury Compensation Program on July 30, 2019. She alleged that she suffered a full thickness rotator cuff tear caused by an influenza vaccine administered on November 10, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 17, 2020, conceding that Ms. McBride suffered a Table SIRVA (Shoulder Injury Related to Vaccine Administration) within the required timeframe. Based on this concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 18, 2020, finding Ms. McBride eligible for compensation. Subsequently, on December 14, 2020, the parties filed a proffer agreement. In this agreement, the respondent proposed an award of $85,000.00, representing compensation for all available damages under 42 U.S.C. § 300aa-15(a), and Ms. McBride agreed to this amount. Chief Special Master Corcoran issued a decision on February 1, 2021, awarding Ms. McBride a lump sum payment of $85,000.00 in the form of a check. The case was resolved through this stipulated award. Petitioner counsel was Lawrence R. Cohan of Anapol Weiss, and respondent counsel was Lara Ann Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner Brenda McBride alleged a full thickness rotator cuff tear caused-in-fact by an influenza vaccine administered on November 10, 2017. The respondent conceded that Petitioner suffered a Table SIRVA (Shoulder Injury Related to Vaccine Administration) as defined by 42 C.F.R. § 100.3(c)(10) and that the six-month sequela requirement was satisfied. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding the onset or symptoms. The case was resolved via a stipulated award of $85,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Chief Special Master Brian H. Corcoran issued the ruling on entitlement on November 18, 2020, and the decision awarding damages on February 1, 2021. Petitioner was represented by Lawrence R. Cohan, and respondent by Lara Ann Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01101-0
Date issued/filed: 2020-12-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/18/2020) 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-01101-UNJ Document 25 Filed 12/18/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1101V
UNPUBLISHED
BRENDA MCBRIDE, Chief Special Master Corcoran
Petitioner, Filed: November 18, 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)
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 30, 2019, Brenda McBride 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 full thickness rotator cuff tear that
was caused-in-fact by an influenza (“flu”) vaccine that was administered to her on
November 10, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 17, 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 “concluded that [P]etitioner suffered a Table SIRVA
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-01101-UNJ Document 25 Filed 12/18/20 Page 2 of 2
as defined by 42 C.F.R. § 100.3(c)(10).” Id. at 4. Respondent further agrees that the
statutory six-month sequela requirement has been satisfied. 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-01101-1
Date issued/filed: 2021-02-01
Pages: 4
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-01101-UNJ Document 29 Filed 02/01/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1101V
UNPUBLISHED
BRENDA MCBRIDE, 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)
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for Petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 30, 2019, Brenda McBride 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 full thickness rotator cuff tear that
was caused-in-fact by an influenza (“flu”) vaccine that was administered to her on
November 10, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 18, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 14, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $85,000.00.
Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the
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-01101-UNJ Document 29 Filed 02/01/21 Page 2 of 4
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 $85,000.00 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-01101-UNJ Document 29 Filed 02/01/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BRENDA MCBRIDE, )
)
Petitioner, )
)
v. ) No. 19-1101V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 17, 2020, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the
Table timeframe following an influenza vaccination, which was compensable under the National
Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34. Accordingly,
on November 18, 2020, the Chief Special Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $85,000.00 for all elements of
compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $85,000.00 in the form of a check payable to petitioner.1 This
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 medical
expenses, future pain and suffering, and future lost wages.

Case 1:19-vv-01101-UNJ Document 29 Filed 02/01/21 Page 4 of 4
lump sum payment represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
GABRIELLE FIELDING
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Senior 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) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: December 14, 2020
2