VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01645
Package ID: USCOURTS-cofc-1_19-vv-01645
Petitioner: Shannon Cobb
Filed: 2019-10-23
Decided: 2021-12-13
Vaccine: influenza
Vaccination date: 2016-10-29
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Shannon Cobb filed a petition for compensation under the National Vaccine Injury Compensation Program on October 23, 2019, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on October 29, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 29, 2021, conceding that Petitioner is entitled to compensation. The respondent agreed that Petitioner met the criteria set forth in the Vaccine Injury Table and that she experienced residual effects of her SIRVA for more than six months. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 2, 2021, finding Petitioner entitled to compensation. Subsequently, on November 9, 2021, the respondent filed a proffer on the award of compensation. Petitioner's counsel was Jason Phillip Osteen of Dempsey & Kingsland, P.C., and respondent's counsel was Lauren Kells of the U.S. Department of Justice. The respondent proffered an award of $110,000.00 for pain and suffering, to which Petitioner agreed. Chief Special Master Brian H. Corcoran issued a decision on November 10, 2021, awarding Shannon Cobb a lump sum payment of $110,000.00 for pain and suffering. The decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as SIRVA. The public decision does not name any medical experts.

Theory of causation field:
Petitioner Shannon Cobb alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 29, 2016. The respondent conceded entitlement, agreeing that the condition met the criteria set forth in the Vaccine Injury Table and that residual effects lasted more than six months. The theory of causation is based on a Table injury. No specific medical experts were named in the public decision. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 2, 2021, and a decision awarding damages on November 10, 2021. The award was a lump sum of $110,000.00 for pain and suffering, agreed upon by both parties. Petitioner was represented by Jason Phillip Osteen, and Respondent was represented by Lauren Kells.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01645-0
Date issued/filed: 2021-08-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/02/2021) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01645-UNJ Document 35 Filed 08/02/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1645V
UNPUBLISHED
SHANNON COBB, Chief Special Master Corcoran
Petitioner, Filed: July 2, 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)
Jason Phillip Osteen, Dempsey & Kingsland, P.C., Kansas City, MO, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 23, 2019, Shannon Cobb 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 Petitioner suffered a shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered
to her on October 29, 2016. Petition at 3. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 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 states that “[P]etitioner has satisfied the criteria set forth in the
Vaccine Injury Table and Qualifications and Aids to Interpretation.” Id. at 9. 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-01645-UNJ Document 35 Filed 08/02/21 Page 2 of 2
further agrees that “the medical records demonstrate that [P]etitioner has experienced
the residual effects of her SIRVA for more than six months.” Id.at 10.
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-01645-1
Date issued/filed: 2021-12-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/10/2021) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01645-UNJ Document 42 Filed 12/13/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1645V
UNPUBLISHED
SHANNON COBB, Chief Special Master Corcoran
Petitioner, Filed: November 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)
Jason Phillip Osteen, Dempsey & Kingsland, P.C., Kansas City, MO, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 23, 2019, Shannon Cobb 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 29, 2016. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On July 2, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On November 9, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $110,000.00 in pain and
suffering. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01645-UNJ Document 42 Filed 12/13/21 Page 2 of 5
with the proffered award. Id. at 1. 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 $110,000.00 (for pain and suffering) in the form of a check payable
to Petitioner. This amount represents compensation for all damages that would be
available under Section 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-01645-UNJ Document 42 Filed 12/13/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
SHANNON COBB, )
)
Petitioner, )
) No. 19-1645V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 23, 2019, Shannon Cobb (“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”), following administration of an influenza vaccine she received on
October 29, 2016. See Petition at 1. On June 29, 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 as defined in the Vaccine
Injury Table. ECF No. 31. On July 2, 2021, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 30.
I. Item of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $110,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-01645-UNJ Document 42 Filed 12/13/21 Page 4 of 5
This amount represents 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 Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $110,000.00, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Shannon Cobb: $110,000.00
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
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 lost earnings
and future pain and suffering.
2

Case 1:19-vv-01645-UNJ Document 42 Filed 12/13/21 Page 5 of 5
/s/ Lauren Kells
LAUREN KELLS
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) 616-4187
Email: Lauren.Kells@usdoj.gov
DATED: November 9, 2021
3