VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01613
Package ID: USCOURTS-cofc-1_19-vv-01613
Petitioner: Melissa Heffley
Filed: 2019-10-16
Decided: 2021-08-24
Vaccine: influenza
Vaccination date: 2017-12-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52785

AI-assisted case summary:
Melissa Heffley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on December 7, 2017. The respondent conceded that Ms. Heffley is entitled to compensation for SIRVA, noting her lack of prior shoulder issues, the onset of pain and reduced range of motion within 48 hours of vaccination, and that her symptoms were limited to the vaccinated shoulder. A ruling on entitlement was issued on July 23, 2021, finding her entitled to compensation. Subsequently, on August 24, 2021, a decision awarding damages was issued based on a proffer. Ms. Heffley was awarded a total of $52,785.64, comprising $52,500.00 for pain and suffering and $285.64 to satisfy a State of Washington Medicaid lien. The case proceeded as a Table injury claim.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01613-0
Date issued/filed: 2021-08-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/23/2021) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01613-UNJ Document 30 Filed 08/23/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1613V
UNPUBLISHED
MELISSA HEFFLEY, Chief Special Master Corcoran
Petitioner, Filed: July 23, 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.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 16, 2019, Melissa Heffley filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On July 14, 2021, Petitioner filed an amended petition. In the amended
petition, Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on December 7,
2017. Amended Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
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-01613-UNJ Document 30 Filed 08/23/21 Page 2 of 2
On May 24, 2021, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case for SIRVA.3 Respondent’s Rule 4(c)
Report at 1. Specifically, Respondent agrees that “petitioner had no relevant history of
pain, inflammation, or dysfunction in her left shoulder; her pain and reduced range of
motion occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms
were limited to the shoulder in which the vaccine was administered; and no other condition
or abnormality was identified to explain her symptoms.” Id. at 6.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation for SIRVA.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Respondent’s Rule 4(c) Report took no position on the brachial neuritis claim in the original petition.
Petitioner subsequently filed an amended petition asserting only a SIRVA claim.
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01613-1
Date issued/filed: 2021-08-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/23/2021) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01613-UNJ Document 31 Filed 08/24/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1613V
UNPUBLISHED
MELISSA HEFFLEY, Chief Special Master Corcoran
Petitioner, Filed: July 23, 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.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 16, 2019, Melissa Heffley filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On July 14, 2021, Petitioner filed an amended petition. In the amended
petition, Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on December 7,
2017. Amended Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On July 23, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On July 23, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $52,500.00 for pain and
suffering and $285.64 to satisfy the State of Washington Medicaid lien. Proffer at 1-2. In
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-01613-UNJ Document 31 Filed 08/24/21 Page 2 of 5
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 the
following:
• A lump sum payment of $52,500.00 in the form of a check payable to
Petitioner; and
• A lump sum payment of $285.64, representing compensation for satisfaction
of the State of Washington Medicaid lien, in the form of a check payable
jointly to Petitioner and:
OPTUM
Washington Apple Health (File #41037221)
L-3994
Columbus, OH 43260-3994
Tax ID: 41-1858498
Petitioner agrees to endorse the check in the amount of $285.64 for satisfaction of
the Medicaid lien.
These amounts represent compensation for all elements of compensation 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-01613-UNJ Document 31 Filed 08/24/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MELISSA HEFFLEY, )
)
Petitioner, )
) No. 19-1613V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
On May 24, 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. ECF No. 19. Accordingly,
on July 23, 2021, the Chief Special Master issued a Ruling on Entitlement. ECF No. 23.
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 $52,500.00, 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
Washington Medicaid lien in the amount of $285.64, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of Washington may
1

Case 1:19-vv-01613-UNJ Document 31 Filed 08/24/21 Page 4 of 5
have against any individual as a result of any Medicaid payments the State of Washington has
made to 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
December 7, 2017 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 $52,500.00 in the form of a check payable to petitioner; and
B. A lump sum payment of $285.64, representing compensation for satisfaction of the
State of Washington Medicaid lien, in the form of a check payable jointly to
petitioner and:
OPTUM
Washington Apple Health (File #: 41037221)
L-3994
Columbus, OH 43260-3994
Tax ID: 41-1858498
Petitioner agrees to endorse the check in the amount of $285.64 for satisfaction of the
Medicaid lien. Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting 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 pain and suffering, and future lost wages.
2

Case 1:19-vv-01613-UNJ Document 31 Filed 08/24/21 Page 5 of 5
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/Camille M. Collett
CAMILLE M. COLLETT
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) 616-4098
E-mail: Camille.M.Collett@usdoj.gov
DATED: July 23, 2021
3