VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01281
Package ID: USCOURTS-cofc-1_19-vv-01281
Petitioner: Robert Harshberger
Filed: 2021-01-22
Decided: 2021-05-05
Vaccine: influenza
Vaccination date: 2018-10-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52513

AI-assisted case summary:
Robert Harshberger filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2019, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 4, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 14, 2021, conceding that Mr. Harshberger's claim met the Vaccine Injury Table criteria for SIRVA. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 22, 2021, finding Mr. Harshberger entitled to compensation. Subsequently, on April 1, 2021, the respondent filed a proffer on the award of compensation. The proffer indicated that Mr. Harshberger should be awarded $52,500.00 for pain and suffering and $13.87 for out-of-pocket expenses, totaling $52,513.87. The proffer also stated that Mr. Harshberger agreed with this proposed award. Chief Special Master Corcoran issued a decision on May 5, 2021, awarding Mr. Harshberger a lump sum payment of $52,513.87, comprised of $52,500.00 for pain and suffering and $13.87 for out-of-pocket expenses, payable to Mr. Harshberger. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Christine Mary Becer. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Robert Harshberger alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 4, 2018. The respondent conceded that the claim met the Vaccine Injury Table criteria for SIRVA. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 22, 2021, finding the petitioner entitled to compensation. On April 1, 2021, respondent filed a proffer recommending an award of $52,500.00 for pain and suffering and $13.87 for out-of-pocket expenses, totaling $52,513.87, which the petitioner agreed to. Chief Special Master Corcoran issued a decision on May 5, 2021, awarding the lump sum of $52,513.87. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Christine Mary Becer. The specific mechanism of injury, medical experts, and detailed clinical facts were not described in the public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01281-0
Date issued/filed: 2021-03-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/22/2021) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01281-UNJ Document 27 Filed 03/04/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1281V
UNPUBLISHED
ROBERT HARSHBERGER, Chief Special Master Corcoran
Petitioner, Filed: January 22, 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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 27, 2019, Robert Harshberger 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
October 4, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On January 14, 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-01281-UNJ Document 27 Filed 03/04/21 Page 2 of 2
1. Specifically, Respondent “concluded that [P]etitioner’s claim meets the [Vaccine Injury]
Table criteria for SIRVA.” Id. at 3.
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-01281-1
Date issued/filed: 2021-05-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/02/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01281-UNJ Document 34 Filed 05/05/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1281V
UNPUBLISHED
ROBERT HARSHBERGER, Chief Special Master Corcoran
Petitioner, Filed: April 2, 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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 27, 2019, Robert Harshberger 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
October 4, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On January 22, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On April 1, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $52,513.87 (comprised
of 52,500.00 for pain and suffering and $13.87 for out-of-pocket expenses). Proffer at 1-
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-01281-UNJ Document 34 Filed 05/05/21 Page 2 of 4
2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
Id. at 1. 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 $52,513.87 (comprised of $52,500.00 for pain and suffering and
$13.87 for out-of-pocket 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-01281-UNJ Document 34 Filed 05/05/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ROBERT HARSHBERGER, )
)
Petitioner, )
) No. 19-1281V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On January 14, 2021, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner sustained the onset of a left shoulder injury related to vaccine administration
(“SIRVA”) within the Table time period following an influenza vaccine, and therefore sustained
an injury that is compensable under the terms of the National Childhood Vaccine Injury Act of
1986, as amended, 42 U.S.C. §§300aa-10 to -34. ECF No. 23. Accordingly, on January 22,
2021, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner was
entitled to vaccine compensation for SIRVA following the influenza vaccine he received on
October 4, 2018. ECF No. 24.
II. Items of Compensation
Respondent proffers that petitioner should be awarded $52,500.00 for pain and suffering
and $13.87 for out-of-pocket expenses.
This represents all elements of compensation to which petitioner is entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:19-vv-01281-UNJ Document 34 Filed 05/05/21 Page 4 of 4
III. 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 $52,513.87, in the form of a
check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Robert Harshberger: $52,513.87
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
DATED: April 1, 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 pain and
suffering.
2