VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01571
Package ID: USCOURTS-cofc-1_19-vv-01571
Petitioner: Gwenada Malcolm
Filed: 2019-10-09
Decided: 2023-11-27
Vaccine: influenza
Vaccination date: 2017-12-05
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 407310

AI-assisted case summary:
Gwenada Malcolm received an influenza vaccine on December 5, 2017. She subsequently developed Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table. The respondent conceded that her claim met the Table criteria for SIRVA, including no prior history of shoulder pain, onset within 48 hours of vaccination, and pain limited to the vaccinated shoulder. A ruling on entitlement was issued on April 6, 2021, finding Ms. Malcolm entitled to compensation. On November 1, 2023, the parties submitted a proffer for award of compensation. Ms. Malcolm, identified as a competent adult, was awarded a total of $407,310.00. This amount includes $150,000.00 for pain and suffering, $380.00 for past unreimbursable expenses, and $256,930.00 for lost wages. The case was filed on October 9, 2019, and the final decision awarding damages was issued on November 27, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01571-0
Date issued/filed: 2021-05-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/06/2021) regarding 46 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01571-UNJ Document 48 Filed 05/06/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1571V
UNPUBLISHED
GWENADA MALCOLM, Chief Special Master Corcoran
Petitioner, Filed: April 6, 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.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
On October 9, 2019, Gwenada Malcolm 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 Table Injury – Shoulder Injury
Related to Vaccine Administration (“SIRVA”) – as a result of her December 5, 2017
influneza (“flu”) vaccination. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 5, 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.
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-01571-UNJ Document 48 Filed 05/06/21 Page 2 of 2
Specifically, Respondent indicates that
petitioner’s claim meets the Table criteria for SIRVA. Specifically, petitioner
had no history of pain, inflammation or dysfunction of the affected shoulder
prior to her vaccination that would explain the alleged symptoms and
examination findings occurring after vaccine injection; she more likely than
not suffered the onset of pain within forty-eight hours of vaccine
administration; her pain and reduced range of motion were limited to the
shoulder in which the vaccine was administered; and there is no other
condition or abnormality present that would explain petitioner’s symptoms.
42 C.F.R. § 100.3(a), (c)(10).
Id. at 8. Respondent further agrees that “this case was timely filed, that petitioner
received her vaccination 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.” Id. (citing 42 U.S.C. §§ 300aa-
11(c)(1)(D)(i)).
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-01571-1
Date issued/filed: 2023-11-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/1/2023) regarding 97 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (ksb) Service on parties made.
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Case 1:19-vv-01571-UNJ Document 101 Filed 11/27/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1571V
Filed: November 1, 2023
UNPUBLISHED
GWENADA MALCOLM, Special Master Horner
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
On October 19, 2019, Gwenada Malcolm, petitioner, 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”) resulting from an influenza (“flu”)
vaccine she received on December 5, 2017. (ECF No. 1)
On April 6, 2021, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her SIRVA. On November 1, 2023, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded a total of
$407,310.00, including $150,000.00 for pain and suffering, $380.00 for past
unreimbursable expenses, and $256,930.00 for lost wages. (ECF No. 96.) In the
Proffer, respondent represented that petitioner agrees with the proffered award. Id.
1 Because this document contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). This means the document 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.

Case 1:19-vv-01571-UNJ Document 101 Filed 11/27/23 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 a lump
sum payment of $407,310.00, representing $150,000.00 for pain and suffering,
$380.00 for past unreimbursable expenses, and $256,930.00 for lost wages 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/Daniel T. Horner
Daniel T. Horner
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-01571-UNJ Document 101 Filed 11/27/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
GWENADA MALCOLM, )
)
Petitioner, )
) No. 19-1571V
v. ) Special Master Horner
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 9, 2019, Gwenada Malcolm (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine she received on December 5, 2017. Petition at 1. On April 5, 2021, the
Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that
this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury,
and on April 6, 2021, the Court issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 45; ECF No. 46.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $150,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-01571-UNJ Document 101 Filed 11/27/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $380.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that she incurred past and future lost wages as
a result of her vaccine-related injury. Respondent proffers that petitioner should be awarded lost
wages in the amount of $256,930.00. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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 as described below and requests that the Special Master’s decision and the
Court’s judgment award the following1: a lump sum payment of $407,310.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Gwenada Malcolm: $407,310.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
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 lost earnings, and future pain and suffering.
2

Case 1:19-vv-01571-UNJ Document 101 Filed 11/27/23 Page 5 of 5
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Catherine E. Stolar
CATHERINE E. STOLAR
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) 353-3299
Fax: (202) 616-4310
Email: catherine.stolar@usdoj.gov
DATED: November 1, 2023
3