VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01289
Package ID: USCOURTS-cofc-1_19-vv-01289
Petitioner: Michelle Schneider
Filed: 2019-08-27
Decided: 2021-10-14
Vaccine: influenza
Vaccination date: 2016-09-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 125403

AI-assisted case summary:
Michelle Schneider filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 13, 2016. The respondent conceded that Ms. Schneider was entitled to compensation, finding that she met the criteria for a presumed SIRVA. Specifically, the respondent noted that she had no prior history of shoulder issues, her pain occurred within 48 hours of the vaccination, and her symptoms were limited to the injection site shoulder. The respondent also confirmed that no other condition could explain her symptoms and that the statutory sequela requirement was met. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement. Subsequently, the parties reached a proffer on the award of compensation. The respondent proposed, and Ms. Schneider agreed, to an award of $125,000.00 for pain and suffering, and $402.54 to satisfy a State of Louisiana Medicaid lien. The Chief Special Master issued a decision awarding these amounts, totaling $125,403.00, for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-01289-0
Date issued/filed: 2021-07-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/10/2021) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01289-UNJ Document 32 Filed 07/12/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1289V
UNPUBLISHED
MICHELLE SCHNEIDER, Chief Special Master Corcoran
Petitioner, Filed: June 10, 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 Black Rifkin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 27, 2019, Michelle Schneider 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 suffered a shoulder injury related to vaccine
administration (SIRVA) after receiving an influenza (flu) vaccination on September 13,
2016. 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 compensation was appropriate because Petitioner meets the
criteria for a presumed SIRVA, as defined by the Vaccine Injury Table. Id. at 8.
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-01289-UNJ Document 32 Filed 07/12/21 Page 2 of 2
Specifically, Respondent found that “[P]etitioner had no history of pain, inflammation or
dysfunction in her left shoulder; her pain occurred within 48 hours of receipt of an
intramuscular vaccination; her pain and reduced range of motion were limited to the
shoulder in which the vaccine was administered; and no other condition or abnormality
was identified to explain her symptoms. In addition, given the medical records outlined
above, the statutory six month sequela requirement has been satisfied. Therefore, based
on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act.” Id. Respondent further agrees that the scope of
damages to be awarded are limited to petitioner’s left-sided SIRVA and its resulting
sequelae only. 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-01289-1
Date issued/filed: 2021-10-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/14/2021) regarding 36 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01289-UNJ Document 40 Filed 10/14/21 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1289V
UNPUBLISHED
MICHELLE SCHNEIDER, Chief Special Master Corcoran
Petitioner, Filed: September 14, 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 Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 27, 2019, Michelle Schneider 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) after receiving the influenza (flu) vaccination on September 13,
2016. 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 September 10, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $125,000.00 for pain
and suffering, and $402.54 to satisfy the State of Louisiana Medicaid lien. Proffer at 1. In
the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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-01289-UNJ Document 40 Filed 10/14/21 Page 2 of 5
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 the
following compensation:
1. I award Petitioner a lump sum payment of $125,000.00 in the form of a
check payable to Petitioner, Michelle Schneider.
2. A lump sum payment of $402.54, representing compensation for
satisfaction of the State of Louisiana Medicaid lien, payable jointly to
Petitioner and Louisiana Medicaid Program, and mailed to:
Louisiana Medicaid Program
Recovery and Premium Assistance
P.O. Box 3588
Baton Rouge, LA 70821
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-01289-UNJ Document 40 Filed 10/14/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHELLE SCHNEIDER,
Petitioner, No. 19-1289V (ECF)
Chief Special Master Corcoran
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
On June 2, 2021, 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 June 10,
2021, the Chief Special Master issued a Ruling on Entitlement.
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $125,000.00 for pain and suffering, in the form of a check payable to petitioner.
Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Louisiana Medicaid lien in the amount of $402.54, which represents full satisfaction of any right
of subrogation, assignment, claim, lien, or cause of action the State of Louisiana may have
against any individual as a result of any Medicaid payments the State of Louisiana has made to

Case 1:19-vv-01289-UNJ Document 40 Filed 10/14/21 Page 4 of 5
or on behalf of petitioner from the date of her eligibility for benefits through the date of
judgment in this case as a result of her alleged vaccine-related injury suffered on or about
September 13, 2016 under Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
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
two lump sum payments described below, and request that the Chief Special Master’s decision
and the Court’s judgment award the following: 1
A. A lump sum payment of $125,000.00 in the form of a check payable to petitioner;
and
B. A lump sum payment of $402.54, representing compensation for satisfaction of the
State of Louisiana Medicaid lien, in the form of a check payable jointly to petitioner
and:
Louisiana Medicaid Program
Recovery and Premium Assistance
P.O. Box 3588
Baton Rouge, LA 70821
Petitioner agrees to endorse the check to the Louisiana Medicaid Program for satisfaction of the
Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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

Case 1:19-vv-01289-UNJ Document 40 Filed 10/14/21 Page 5 of 5
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
Sarah B. Rifkin
SARAH B. RIFKIN
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) 305-5997
Email: sarah.rifkin@usdoj.gov
DATED: September 10, 2021
3