VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01506
Package ID: USCOURTS-cofc-1_19-vv-01506
Petitioner: Jessica Bechhofer
Filed: 2019-09-30
Decided: 2021-04-09
Vaccine: influenza
Vaccination date: 2018-09-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 53916

AI-assisted case summary:
Jessica Bechhofer filed a petition on September 30, 2019, alleging that an influenza vaccination administered on September 21, 2018, caused a shoulder injury related to vaccine administration (SIRVA). The respondent filed a Rule 4(c) report on March 4, 2021, conceding that the petitioner was entitled to compensation and that the injury was a Table injury. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 5, 2021, finding Petitioner entitled to compensation. On March 9, 2021, the respondent filed a proffer on award of compensation, which the petitioner agreed to. The decision, issued on March 10, 2021, awarded Jessica Bechhofer a total of $53,916.27. This award consisted of $45,000.00 for past pain and suffering, $7,175.00 for past loss of earnings, and $1,741.27 for past unreimbursed expenses. The award was made as a lump sum payment. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and the respondent was represented by Darryl R. Wishard of the U.S. Department of Justice. Chief Special Master Brian H. Corcoran presided over the case.

Theory of causation field:
Petitioner Jessica Bechhofer alleged that an influenza vaccine administered on September 21, 2018, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that this was a Table injury. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The case resulted in a ruling on entitlement on March 5, 2021, and a damages decision on March 10, 2021, awarding $53,916.27 as a lump sum, consisting of $45,000.00 for past pain and suffering, $7,175.00 for past loss of earnings, and $1,741.27 for past unreimbursed expenses. Chief Special Master Brian H. Corcoran issued the decisions. Petitioner was represented by Ronald Craig Homer, and respondent by Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01506-0
Date issued/filed: 2021-04-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/05/202) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01506-UNJ Document 43 Filed 04/06/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1506V
UNPUBLISHED
JESSICA BECHHOFER, Chief Special Master Corcoran
Petitioner, Filed: March 5, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 30, 2019, Jessica Bechhofer 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”) caused by an influenza vaccination administered on September
21, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 4, 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 reviewed the petitioner and medical records in this case
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-01506-UNJ Document 43 Filed 04/06/21 Page 2 of 2
and concluded that compensation is appropriate. Id. at 5. Respondent further agrees that
Petitioner has satisfied all legal prerequisites for compensation 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-01506-1
Date issued/filed: 2021-04-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/10/2021) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01506-UNJ Document 44 Filed 04/09/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1506V
UNPUBLISHED
JESSICA BECHHOFER, Chief Special Master Corcoran
Petitioner, Filed: March 10, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 30, 2019, Jessica Bechhofer 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 vaccine. Petition at 1. Petitioner further
alleges that the vaccine was administered within the United States, that she suffered the
residual effects of her injury for more than six months, and that no lawsuits have been
filed or settlements or awards accepted due to Petitioner’s vaccine-related injury. Petition
at 9. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On March 5, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On March 9, 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-01506-UNJ Document 44 Filed 04/09/21 Page 2 of 4
compensation (“Proffer”) indicating Petitioner should be awarded $53,916.27 consisting
of $45,000.00 for past pain and suffering; $7,175.00 for past loss of earnings, and
$1,741.27 for past unreimbursed expenses. 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 $ 53,916.27 consisting of $45,000.00 for past pain and suffering;
$7,175.00 for past loss of earnings, and $1,741.27 for past unreimbursed 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-01506-UNJ Document 44 Filed 04/09/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JESSICA BECHHOFER, )
)
Petitioner, ) No. 19-1506V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 30, 2019, Jessica Bechhofer (“petitioner”) file a petition alleging that an
influenza (“flu”) vaccination that she received in her left arm on September 21, 2018, caused a
shoulder injury related to vaccine administration (“SIRVA”). See Petition. On March 4, 2021,
respondent filed his Vaccine Rule 4(c) report, conceding a Table injury for SIRVA. ECF No. 35.
On March 5, 2021, Chief Special Master Corcoran issued a ruling on entitlement, finding that
petitioner was entitled to compensation for SIRVA. ECF No. 36.
II. Items of Compensation
Based upon the evidence, respondent proffers that petitioner should be awarded a lump
sum of $53,916.27, consisting of $45,000.00 for past pain and suffering, $7,175.00 for past loss
of earnings, and $1,741.27 for past unreimbursed expenses. This amount represents all elements
of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:19-vv-01506-UNJ Document 44 Filed 04/09/21 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $53,916.27, in the form of a check payable to petitioner.2
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: March 9, 2021 Fax: (202) 616-4310
darryl.wishard@usdoj.gov
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2