VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01698
Package ID: USCOURTS-cofc-1_19-vv-01698
Petitioner: Lindsay Ward
Filed: 2019-10-31
Decided: 2021-07-12
Vaccine: influenza
Vaccination date: 2018-09-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50370

AI-assisted case summary:
Lindsay Ward filed a petition for compensation under the National Vaccine Injury Compensation Program on October 31, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on September 30, 2018. The respondent filed a Rule 4(c) report conceding that Ms. Ward's claim met the Table criteria for SIRVA and that she satisfied the statutory and jurisdictional requirements, thus conceding entitlement to compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 30, 2021, finding Ms. Ward entitled to compensation. Subsequently, on June 11, 2021, Chief Special Master Corcoran issued a Decision Awarding Damages based on a proffer. The respondent had filed a proffer on June 10, 2021, recommending an award of $50,370.00, representing all elements of compensation to which Ms. Ward would be entitled under 42 U.S.C. § 300aa-15(a). Ms. Ward, an adult, agreed with this proffered award. The decision states that the vaccine was received in the United States and that Ms. Ward satisfied the statutory severity requirement by suffering residual effects or complications for more than six months after vaccination. Chief Special Master Corcoran awarded Ms. Ward a lump sum payment of $50,370.00, payable to her, as compensation for all damages. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice. The decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The public decision does not name any medical experts.

Theory of causation field:
Petitioner Lindsay Ward alleged a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on September 30, 2018. The respondent conceded that the claim met the Table criteria for SIRVA and that petitioner satisfied statutory and jurisdictional requirements. The case proceeded to a damages decision based on a proffer. Petitioner is a competent adult and agreed with the proffered award. The respondent recommended, and the Special Master awarded, $50,370.00 as a lump sum payment for all damages under 42 U.S.C. § 300aa-15(a). The public text does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The theory of causation is based on the respondent's concession that the injury meets the Table criteria for SIRVA. Decision date: July 12, 2021. Attorneys: Amy A. Senerth for petitioner, Claudia Barnes Gangi for respondent. Special Master: Brian H. Corcoran.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01698-0
Date issued/filed: 2021-06-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/30/2021) 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-01698-UNJ Document 31 Filed 06/04/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1698V
UNPUBLISHED
LINDSAY WARD, Chief Special Master Corcoran
Petitioner, Filed: April 30, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 31, 2019, Lindsay Ward 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 from a shoulder injury related to
vaccine administration (“SIRVA”) caused by an influenza vaccine administered on
September 30, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On April 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 has reviewed the facts of this case and concluded that
Petitioner’s claim meets the Table criteria for a SIRVA. Id. at 4. Respondent further
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-01698-UNJ Document 31 Filed 06/04/21 Page 2 of 2
agrees that Petitioner has satisfied the statutory and jurisdictional requirements and
concedes entitlement to compensation in this case. 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-01698-1
Date issued/filed: 2021-07-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/11/2021) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01698-UNJ Document 37 Filed 07/12/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1698V
UNPUBLISHED
LINDSAY WARD, Chief Special Master Corcoran
Petitioner, Filed: June 11, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 31, 2019, Lindsay Ward 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 vaccine administered on September 30,
2018. Petition at 1. Petitioner further alleges that the vaccine was received in the United
States, and that Petitioner satisfies the statutory severity requirement by suffering the
residual effects or complications for more than six months. Petition at 1-2. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 30, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On June 10, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $50,370.00. Proffer at
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-01698-UNJ Document 37 Filed 07/12/21 Page 2 of 4
2. 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 $50,370.00 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-01698-UNJ Document 37 Filed 07/12/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LINDSAY WARD, )
)
Petitioner, )
) No. 19-1698V
v. ) Chief Special Master Corcoran
) (ECF)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
On April 29, 2021, respondent filed a Rule 4(c) Report, in which he conceded that
petitioner sustained a Table left shoulder injury related to vaccine administration (SIRVA) from
the flu vaccine administered on September 30, 2018; that the records show that the case was
timely filed; that the vaccine was received 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. ECF No. 27. On April 30, 2021, the Court
issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. ECF No. 28.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$50,370.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should petitioner die prior to the 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.

Case 1:19-vv-01698-UNJ Document 37 Filed 07/12/21 Page 4 of 4
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 of $50,370.00, in the form of a check payable to petitioner. 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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior 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) 616-4138
Email: claudia.gangi@usdoj.gov
Dated: June 10, 2021