VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01700
Package ID: USCOURTS-cofc-1_19-vv-01700
Petitioner: Christine Murschel
Filed: 2019-11-01
Decided: 2021-09-14
Vaccine: influenza
Vaccination date: 2016-11-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 133750

AI-assisted case summary:
Christine Murschel filed a petition on November 1, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on November 1, 2016. The respondent conceded that Ms. Murschel is entitled to compensation, finding that her case met the criteria for a SIRVA Table injury. The respondent also agreed that the case was timely filed, the vaccine was administered in the United States, and the statutory severity requirement was met, as her injury had residual effects for more than six months. A ruling on entitlement was issued on May 18, 2021, finding her eligible for compensation. Subsequently, on August 12, 2021, the parties filed a joint stipulation for damages. The court adopted this stipulation, awarding Ms. Murschel a total of $133,750.46. This amount includes $125,000.00 for pain and suffering and $8,750.46 to satisfy a State of Minnesota Medicaid lien. The award covers all elements of damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01700-0
Date issued/filed: 2021-06-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/18/2021) regarding 42 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01700-UNJ Document 44 Filed 06/17/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1700V
UNPUBLISHED
CHRISTINE MURSCHEL, Chief Special Master Corcoran
Petitioner, Filed: May 18, 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)
David John Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On November 1, 2019, Christine Murschel 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
November 1, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On May 12, 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 concludes that Petitioner has satisfied the criteria set forth in the
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for
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-01700-UNJ Document 44 Filed 06/17/21 Page 2 of 2
a SIRVA Table claim. Id. at 15. Respondent further agrees 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. 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-01700-1
Date issued/filed: 2021-09-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/12/2021) regarding 49 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01700-UNJ Document 55 Filed 09/14/21 Page 1 of 5
Corrected
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1700V
UNPUBLISHED
CHRISTINE MURSCHEL, Chief Special Master Corcoran
Petitioner,
v. Filed: August 12, 2021
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu); Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA).
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON PROFFER1
On November 1, 2019, Christine Murschel 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
November 1, 2016. Petition at 1; Proffer filed August 11, 2021 (ECF No. 48) at Preamble.
On May 18, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. ECF No. 42. On August 12, 2021, the parties filed the attached
proffer, which states that a decision should be entered awarding compensation. I find the
proffer reasonable and adopt it as my decision awarding damages, on the terms set forth
therein.
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-01700-UNJ Document 55 Filed 09/14/21 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award the following
compensation:
• A lump sum payment of $125,000.00 in the form of a check payable to
Petitioner. Proffer at 3.
• A lump sum payment in the amount of $8,750.46, representing
compensation for satisfaction of the State of Minnesota Medicaid lien,
in the form of a check payable jointly to Petitioner and:
HealthPartners
PO Box 1309
Mail Stop 21114a
Minneapolis, MN 55440-1309
Petitioner agrees to endorse the check to HealthPartners for
satisfaction of the Medicaid lien. Proffer at 3.
The above amounts represent compensation for all items of damages that would
be available under Section 15(a). Id.
I approve the requested amounts for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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-01700-UNJ Document 55 Filed 09/14/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
CHRISTINE MURSCHEL, )
)
Petitioner, )
) No. 19-1700V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 12, 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. 41. Accordingly,
on May 18, 2021, the Chief Special Master issued a Ruling on Entitlement. ECF No. 42.
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 $125,000.00 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
Minnesota Medicaid lien in the amount of $8,750.46, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of Minnesota may have
against any individual as a result of any Medicaid payments the State of Minnesota has made to

Case 1:19-vv-01700-UNJ Document 55 Filed 09/14/21 Page 4 of 5
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
November 1, 2016, 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 $125,000.00 in the form of a check payable to petitioner;
and
B. A lump sum payment of $8,750.46, representing compensation for satisfaction of the
State of Minnesota Medicaid lien, in the form of a check payable jointly to petitioner
and:
HealthPartners
PO Box 1309
Mail Stop 21114a
Minneapolis, MN 55440-1309
Petitioner agrees to endorse the check to HealthPartners 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-01700-UNJ Document 55 Filed 09/14/21 Page 5 of 5
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/ Lynn C. Schlie
LYNN C. SCHLIE
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) 616-3667
Fax: (202) 616-4310
DATED: August 11, 2021
3