VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01507
Package ID: USCOURTS-cofc-1_19-vv-01507
Petitioner: Elizabeth Hurlbutt
Filed: 2019-09-30
Decided: 2021-07-28
Vaccine: influenza
Vaccination date: 2018-10-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 118541

AI-assisted case summary:
Elizabeth Hurlbutt filed a petition on September 30, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 28, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Hurlbutt's medical course was consistent with SIRVA and that she experienced residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 24, 2021, finding Ms. Hurlbutt eligible for compensation. Subsequently, on June 22, 2021, the respondent filed a proffer proposing an award of $118,541.89. This amount was comprised of $115,000.00 for pain and suffering and $3,541.89 for unreimbursable out-of-pocket expenses. The petitioner agreed with this proposed award. On July 28, 2021, Chief Special Master Corcoran issued a decision awarding the stipulated lump sum of $118,541.89 to Elizabeth Hurlbutt, who is a competent adult. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Andrew Henning of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.

Theory of causation field:
Petitioner Elizabeth Hurlbutt alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 28, 2018. The respondent conceded that Petitioner's medical course was consistent with SIRVA and that she experienced residual effects for more than six months. The case was determined to be a Table Injury. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 24, 2021, finding Petitioner entitled to compensation. On June 22, 2021, Respondent filed a proffer proposing an award of $118,541.89, consisting of $115,000.00 for pain and suffering and $3,541.89 for unreimbursable out-of-pocket expenses, which Petitioner agreed to. Chief Special Master Corcoran issued a decision on July 28, 2021, awarding the stipulated lump sum of $118,541.89. Petitioner was represented by Jeffrey S. Pop, and Respondent was represented by Andrew Henning. The public text does not detail specific medical experts or a detailed mechanism of injury beyond the concession of a Table Injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01507-0
Date issued/filed: 2021-04-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/24/2021) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01507-UNJ Document 30 Filed 04/23/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1507V
UNPUBLISHED
ELIZABETH HURLBUTT, Chief Special Master Corcoran
Petitioner, Filed: March 24, 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.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 30, 2019, Elizabeth Hurlbutt 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 an influenza (“flu”) vaccine administered on
October 28, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On March 24, 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 determined that [P]etitioner’s medical course is
consistent with a [SIRVA] as defined by the Vaccine Injury Table.” Id. at 8. Respondent
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-01507-UNJ Document 30 Filed 04/23/21 Page 2 of 2
further agrees that Petitioner suffered the residual effects of her condition for more than
six months. Id. at 9.
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-01507-1
Date issued/filed: 2021-07-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/22/2021) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01507-UNJ Document 38 Filed 07/28/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1507V
UNPUBLISHED
ELIZABETH HURLBUTT, Chief Special Master Corcoran
Petitioner, Filed: June 22, 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.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 30, 2019, Elizabeth Hurlbutt 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 an influenza (“flu”) vaccine administered on
October 28, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On March 24, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On June 22, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $118,541.89
(comprised of $115,000.00 for pain and suffering and $3,541.89 for unreimbursable out-
of-pocket expenses). Proffer at 1. In the Proffer, Respondent represented that Petitioner
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-01507-UNJ Document 38 Filed 07/28/21 Page 2 of 4
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 $118,541.89 (comprised of $115,000.00 for pain and suffering and
$3,541.89 for unreimbursable 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-01507-UNJ Document 38 Filed 07/28/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ELIZABETH HURLBUTT,
Petitioner,
v. No.19-1507V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND SPU
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 24, 2021, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. ECF No. 27. Thereafter, on March 24, 2021,
Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was
entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration
(“SIRVA”). ECF No. 30.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$118,541.89. The award is comprised of the following: $115,000 for pain and suffering and
$3,541.89 for unreimbursable out-of-pocket expenses. This amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.

Case 1:19-vv-01507-UNJ Document 38 Filed 07/28/21 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $118,541.89, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Andrew J. Henning
ANDREW J. HENNING
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) 616-4405
Fax: (202) 616-4310
Email: andrew.j.henning@usdoj.gov
DATED: June 22, 2021