VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01199
Package ID: USCOURTS-cofc-1_19-vv-01199
Petitioner: Jennifer Naegel
Filed: 2020-12-03
Decided: 2021-02-23
Vaccine: influenza
Vaccination date: 2018-02-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55790

AI-assisted case summary:
Jennifer Naegel filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving influenza and Tdap vaccines on February 20, 2018. The respondent conceded that her injury met the requirements of a Table injury for SIRVA and that she suffered sequelae for more than six months. A ruling on entitlement was issued on December 3, 2020, finding her entitled to compensation. Subsequently, on January 5, 2021, the respondent filed a proffer on award of compensation, indicating that Naegel should be awarded $55,790.87, which included $55,000.00 for pain and suffering and $790.87 for unreimbursable expenses. Naegel agreed with this award. The Chief Special Master issued a decision awarding the proffered amount on February 23, 2021, concluding that Naegel is entitled to compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-01199-0
Date issued/filed: 2021-02-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/03/2020) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01199-UNJ Document 26 Filed 02/01/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1199V
UNPUBLISHED
JENNIFER NAEGEL, Chief Special Master Corcoran
Petitioner, Filed: December 3, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
Respondent. Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Administration (SIRVA)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 14, 2019, Jennifer Naegel 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 receiving the influenza (“flu”) and Tetanus
Diphtheria acellular Pertussis (“Tdap”) vaccines on February 20, 2018. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 2, 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 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-01199-UNJ Document 26 Filed 02/01/21 Page 2 of 2
1. Specifically, Respondent concludes that Petitioner’s alleged injury meets the
requirements of a Table injury for SIRVA stemming from the flu and Tdap vaccinations
on February 20, 2018. Id. at 3. Respondent further agrees that Petitioner suffered the
sequela of her injury for more than six months. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-01199-1
Date issued/filed: 2021-02-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/05/2021) regarding 22 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01199-UNJ Document 32 Filed 02/23/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1199V
UNPUBLISHED
JENNIFER NAEGEL, Chief Special Master Corcoran
Petitioner, Filed: January 5, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Tetanus
Diphtheria acellular Pertussis (Tdap)
Respondent. Vaccine; Shoulder Injury Related to
Vaccine Administration (SIRVA)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 14, 2019, Jennifer Naegel 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 receiving influenza (“flu”) and Tetanus Diphtheria
acellular Pertussis (“Tdap”) vaccines on February 20, 2018. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On December 3, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On January 5, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $55,790.87. Proffer at
1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-01199-UNJ Document 32 Filed 02/23/21 Page 2 of 4
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 $55,790.87 (representing compensation in the amount of
$55,000.00 in pain and suffering and $790.87 in unreimbursable 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-01199-UNJ Document 32 Filed 02/23/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JENNIFER NAEGEL, )
)
Petitioner, )
) No. 19-1199V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION
On December 2, 2020, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury
Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to
vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. Accordingly, on
December 3, 2020, the Chief Special Master issued a Ruling on Entitlement.
I. Compensation for Vaccine Injury-Related Items
Respondent now proffers that, based on the evidence of record, petitioner should be
awarded $55,790.87 (representing $55,000.00 in pain and suffering and $790.87 in
unreimbursable expenses). 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
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment described below, and request that the Chief Special Master’s decision and

Case 1:19-vv-01199-UNJ Document 32 Filed 02/23/21 Page 4 of 4
the Court’s judgment award the following: 1 a lump sum of $55,790.87 in the form of a check
payable to petitioner. 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
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
/s/ Zoë R. Wade
ZOË R. WADE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4118
Fax: (202) 353-2988
Dated: January 5, 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 medical
expenses, future pain and suffering, and future lost wages.
2