VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01245
Package ID: USCOURTS-cofc-1_19-vv-01245
Petitioner: Jennifer Riley
Filed: 2019-08-21
Decided: 2022-06-09
Vaccine: influenza
Vaccination date: 2017-10-11
Condition: left axillary nerve injury
Outcome: compensated
Award amount USD: 60500

AI-assisted case summary:
Jennifer Riley filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left axillary nerve injury as a result of receiving an influenza vaccine on October 11, 2017. The respondent conceded that her injury was caused-in-fact by the flu vaccine and did not identify any other causes. The respondent noted that the injury did not meet the definition of SIRVA as outlined by the Vaccine Injury Table because another condition, the left axillary nerve injury, was present. A ruling on entitlement was issued on June 10, 2021, finding Ms. Riley entitled to compensation. Subsequently, on April 20, 2022, the respondent filed a proffer recommending an award of $60,500.00 for pain and suffering, which Ms. Riley agreed to. The Chief Special Master issued a decision awarding Ms. Riley a lump sum payment of $60,500.00 for pain and suffering, representing all elements of compensation available under the Act.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01245-0
Date issued/filed: 2021-07-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/10/2021) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01245-UNJ Document 33 Filed 07/12/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1245V
UNPUBLISHED
JENNIFER RILEY, Chief Special Master Corcoran
Petitioner, Filed: June 10, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Causation-In-Fact; Influenza (Flu)
Vaccine; Axillary Nerve Injury
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 21, 2019, Jennifer Riley 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) vaccination on October
11, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On June 2, 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.
Respondent concluded that Petitioner’s left axillary nerve injury was caused-in-fact by the
flu vaccine she received on October 11, 2017. Id. at 4. Specifically, Respondent “did not
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-01245-UNJ Document 33 Filed 07/12/21 Page 2 of 2
identify any other causes for [P]etitioner’s left axillary nerve injury” and “records show that
she suffered the sequela of her injury for more than six months after vaccination.” Id. at
4-5. Respondent noted that he does not believe “[P]etitioner’s presentation meets the
definition of SIRVA as outlined by the Vaccine Injury Table because another condition or
abnormality is present that would explain the patient’s symptoms – namely, the left axillary
nerve injury, and defends the same.” Id. at 4, n.1 citing 42 C.F.R. § 100.3(a). Respondent
also noted that his concession does not include any symptoms ultimately found to be
associated with a cervical cord condition or any condition other than a left axillary nerve
injury.” Id. at 5.
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-01245-1
Date issued/filed: 2022-06-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/25/2022) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01245-UNJ Document 46 Filed 06/09/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1245V
UNPUBLISHED
JENNIFER RILEY, Chief Special Master Corcoran
Petitioner, Filed: April 25, 2022
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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On August 21, 2019, Jennifer Riley 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) vaccination on October
11, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On June 10, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On April 20, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $60,500.00 for pain and
suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01245-UNJ Document 46 Filed 06/09/22 Page 2 of 5
the proffered award. Id. at 2. 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 $60,500.00 in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under Section 15(a).
The Clerk of 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-01245-UNJ Document 46 Filed 06/09/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JENNIFER RILEY, )
)
)
Petitioner, ) No. 19-1245V
) Chief Special Master Corcoran
v. ) ECF
)
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 21, 2019, Jennifer Riley 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
defined in the Vaccine Injury Table, following administration of an influenza vaccine she
received on October 11, 2017. Petition at Introduction. On June 2, 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 for a left axillary nerve injury.1 ECF
30. On June 10, 2021, the Chief Special Master issued a Ruling on Entitlement finding that
petitioner was entitled to compensation. ECF 31.
I. Item of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$60,500.00, consisting of pain and suffering, which represents all elements of compensation to
1 Respondent rejected petitioner’s SIRVA claim. Petitioner’s compensation is limited to her left
axillary nerve injury. ECF 30.
1

Case 1:19-vv-01245-UNJ Document 46 Filed 06/09/22 Page 4 of 5
which petitioner would be 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 following2: a lump sum payment of $60,500.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Jennifer Riley: $60,500.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
2 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-01245-UNJ Document 46 Filed 06/09/22 Page 5 of 5
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
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) 616-3644
Email: colleen.hartley@usdoj.gov
DATED: April 20, 2022
3