VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01428
Package ID: USCOURTS-cofc-1_19-vv-01428
Petitioner: Lisa McGuire
Filed: 2019-09-18
Decided: 2021-07-16
Vaccine: influenza
Vaccination date: 2018-09-06
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50260

AI-assisted case summary:
Lisa McGuire filed a petition for compensation under the National Vaccine Injury Compensation Program on September 18, 2019, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 6, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that McGuire's claim met the table criteria for SIRVA and that she satisfied the statutory and jurisdictional requirements of the Vaccine Act. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 29, 2021, finding McGuire entitled to compensation. Subsequently, on June 14, 2021, the parties submitted a proffer on award of compensation. On July 16, 2021, Chief Special Master Corcoran issued a decision awarding damages based on this proffer. The parties stipulated to an award of $50,260.00, representing compensation for all available elements of damages. This amount was to be paid as a lump sum in the form of a check payable to Lisa McGuire, who is a competent adult. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Lisa McGuire alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on September 6, 2018. The respondent conceded that the claim met the table criteria for SIRVA and that petitioner satisfied the statutory requirements, including suffering residual effects for more than six months. The case was decided based on this concession and stipulation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 29, 2021, and a decision awarding damages on July 16, 2021. The parties stipulated to an award of $50,260.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), to be paid as a lump sum. Petitioner was represented by Maximillian J. Muller, and respondent by Claudia Barnes Gangi. The specific mechanism of injury, medical experts, or detailed clinical facts were not described in the public decision, as the case was resolved via concession and stipulation under the "Table" theory.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01428-0
Date issued/filed: 2021-04-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/29/2021) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01428-UNJ Document 30 Filed 04/29/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1428V
UNPUBLISHED
LISA McGUIRE, Chief Special Master Corcoran
Petitioner, Filed: March 29, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 18, 2019, Lisa McGuire 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 from a left shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on
September 6, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On March 29, 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 has concluded that Petitioner’s claim meets the table criteria
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-01428-UNJ Document 30 Filed 04/29/21 Page 2 of 2
for a SIRVA. Id. at 4. Respondent further agrees that Petitioner has met the statutory and
jurisdictional requirements under the Vaccine Act. 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

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01428-1
Date issued/filed: 2021-07-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/16/2021) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01428-UNJ Document 39 Filed 07/16/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1428V
UNPUBLISHED
LISA MCGUIRE, Chief Special Master Corcoran
Petitioner, Filed: June 16, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 18, 2019, Lisa McGuire 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”) following an influenza vaccination administered on September
6, 2018. Petition at 1. Petitioner further alleges that the vaccine was administered within
the United States; that she has suffered the residual effects of her injury have lasted for
more than six months; and that no party has ever filed any action or received
compensation for Petitioner’s vaccine-related injuries. Petition at 1-2. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 29, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On June 14, 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-01428-UNJ Document 39 Filed 07/16/21 Page 2 of 4
compensation (“Proffer”) indicating Petitioner should be awarded $50,260.00. 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 $50,260.00 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-01428-UNJ Document 39 Filed 07/16/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LISA MCGUIRE, )
)
Petitioner, )
) No. 19-1428V
v. ) Chief Special Master Corcoran
) (ECF)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
On March 29, 2021, respondent filed a Rule 4(c) Report, in which he conceded that
petitioner sustained a Table left shoulder injury related to vaccine administration (SIRVA) from
the flu vaccine administered on September 6, 2018; that the records show that the case was
timely filed; that the vaccine was received in the United States; and that petitioner satisfies the
statutory severity requirement by suffering the residual effects or complications of her injury for
more than six months after vaccine administration. ECF No. 26. That same day, the Court
issued a Ruling on Entitlement finding that petitioner is entitled to compensation. ECF No. 27.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$50,260.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering.

Case 1:19-vv-01428-UNJ Document 39 Filed 07/16/21 Page 4 of 4
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 of $50,260.00, in the form of a check payable to petitioner. Petitioner agrees.
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior 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) 616-4138
Email: claudia.gangi@usdoj.gov
Dated: June 14, 2021