VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01117
Package ID: USCOURTS-cofc-1_19-vv-01117
Petitioner: Evon Johnson
Filed: 2021-01-25
Decided: 2021-04-06
Vaccine: influenza
Vaccination date: 2018-11-05
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 87500

AI-assisted case summary:
Evon Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 5, 2018. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and conceded that Ms. Johnson was entitled to compensation. The respondent agreed that the case was appropriate for compensation under the Act and that Ms. Johnson had satisfied all legal prerequisites. A ruling on entitlement was issued on January 25, 2021, finding Ms. Johnson entitled to compensation. Subsequently, on March 4, 2021, the respondent filed a proffer on award of compensation, recommending an award of $87,500.00 for pain and suffering, which Ms. Johnson agreed to. The Chief Special Master issued a decision awarding Ms. Johnson a lump sum payment of $87,500.00 for pain and suffering on April 6, 2021. The case was treated as a Table injury claim, and the respondent conceded entitlement.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01117-0
Date issued/filed: 2021-03-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/25/2021) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01117-UNJ Document 31 Filed 03/04/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1117V
UNPUBLISHED
EVON JOHNSON, Chief Special Master Corcoran
Petitioner, Filed: January 25, 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)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 31, 2019, Evon Johnson 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
November 5, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 25, 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. Specifically, Respondent reviewed the petition and medical records and believes that
“this case is appropriate for compensation under the terms of the [Vaccine] Act.” Id. at 1.
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-01117-UNJ Document 31 Filed 03/04/21 Page 2 of 2
Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine At. Id. at 4.
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-01117-1
Date issued/filed: 2021-04-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/05/2021) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01117-UNJ Document 37 Filed 04/06/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1117V
UNPUBLISHED
EVON JOHNSON, Chief Special Master Corcoran
Petitioner, Filed: March 5, 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)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 31, 2019, Evon Johnson 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine administered on November
5, 2018. Petition at 1. Petitioner further alleges that the vaccination was administered
within the United States, that she suffered the effects of her injury for more than six
months, and that she has never received any compensation or filed a civil action related
to her injury. Petition at 1, 4. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 25, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On March 4, 2021, Respondent filed a proffer on award of
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-01117-UNJ Document 37 Filed 04/06/21 Page 2 of 5
compensation (“Proffer”) indicating Petitioner should be awarded $87,500.00 for pain and
suffering. Proffer at 1. 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 $87,500.00 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-01117-UNJ Document 37 Filed 04/06/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
EVON JOHNSON, )
)
Petitioner, )
) No. 19-1117V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 31, 2019, Evon Johnson (“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 from a “Shoulder Injury Related to Vaccine Administration
(SIRVA), an ‘on-the-table’ injury, within the requisite time period set forth in the Table (a
‘Table’ injury)” as a result of a flu vaccine she received on November 5, 2018. Petition at 1. On
January 25, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)
Report recommending that compensation be awarded, and the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation the same day. ECF No. 27;
ECF No. 28.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $87,500.00 in actual pain and
suffering. Petitioner agrees.

Case 1:19-vv-01117-UNJ Document 37 Filed 04/06/21 Page 4 of 5
This amount represents 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 following1: a lump sum payment of $87,500.00, representing
compensation for pain and suffering, in the form of a check payable to petitioner, Evon Johnson.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Evon Johnson: $ 87,500.00
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
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

Case 1:19-vv-01117-UNJ Document 37 Filed 04/06/21 Page 5 of 5
s/ Sarah C. Duncan
SARAH C. DUNCAN
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) 514-9729
Email: sarah.c.duncan@usdoj.gov
DATED: March 4, 2021
3