VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01712
Package ID: USCOURTS-cofc-1_19-vv-01712
Petitioner: Jaime Lehman
Filed: 2019-11-04
Decided: 2021-06-21
Vaccine: influenza
Vaccination date: 2017-11-08
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Jaime Lehman filed a petition on November 4, 2019, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his influenza vaccination on November 8, 2017. The respondent conceded that Mr. Lehman met the criteria for a presumed SIRVA injury, noting that he had no prior shoulder issues, his pain occurred within 48 hours of vaccination, and the pain was limited to the vaccinated shoulder. The respondent also confirmed that the six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement on April 16, 2021, finding Mr. Lehman entitled to compensation. Subsequently, on May 14, 2021, the respondent filed a proffer recommending an award of $85,000.00, which Mr. Lehman agreed to. On June 21, 2021, the court awarded Mr. Lehman a lump sum payment of $85,000.00.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-01712-0
Date issued/filed: 2021-05-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/16/2021) regarding 45 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01712-UNJ Document 48 Filed 05/19/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1712V
UNPUBLISHED
JAIME LEHMAN, Chief Special Master Corcoran
Petitioner, Filed: April 16, 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)
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On November 4, 2019, Jaime Lehman 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 he suffered a Table injury – Shoulder Injury Related
to Vaccine Administration (SIRVA) – as a result of his November 8, 2017 influneza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On April 15, 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-01712-UNJ Document 48 Filed 05/19/21 Page 2 of 2
Specifically, Respondent indicates that he has
has reviewed the petition and medical records filed in this case and has
concluded that compensation is appropriate because petitioner meets the
criteria for a presumed SIRVA, as defined by the Vaccine Injury Table.
Specifically, petitioner had no history of pain, inflammation or dysfunction in
his left shoulder; his pain occurred within 48 hours of receipt of an
intramuscular vaccination; his pain and reduced range of motion were
limited to the shoulder in which the vaccine was administered; and no other
condition or abnormality was identified to explain his symptoms. 42 C.F.R.
§ 100.3(a), (c)(10); 42 U.S.C. § 300aa-13(a)(1)(B).
Id. at 4. Respondent further agrees that “the statutory six-month sequela requirement
has been satisfied. See 42 U.S.C. § 300aa-11(c)(D)(I). Therefore, based on the record
as it now stands, petitioner has satisfied all legal prerequisites for compensation under
the Vaccine Act.” Id. at 5.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-01712-1
Date issued/filed: 2021-06-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/19/2021) regarding 49 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01712-UNJ Document 54 Filed 06/21/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1712V
UNPUBLISHED
JAIME LEHMAN, Chief Special Master Corcoran
Petitioner, Filed: May 19, 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)
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 4, 2019, Jaime Lehman filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the
“Vaccine Act”). Petitioner alleges that he suffered a Table injury – Shoulder Injury Related
to Vaccine Administration (SIRVA) – as a result of his November 8, 2017 influneza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On April 16, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On May 14, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $85,000.00. Proffer at
1-2. 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.
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.

Case 1:19-vv-01712-UNJ Document 54 Filed 06/21/21 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $85,000.00 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.2
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2 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-01712-UNJ Document 54 Filed 06/21/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
JAIME LEHMAN, *
*
Petitioner, * No. 19-1712V
* Chief Special Master Corcoran
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 15, 2021, respondent filed a Rule 4(c) Report, conceding that petitioner’s claim
meets the Table criteria for a SIRVA injury. On April 16, 2021, the Court issued a Ruling on
Entitlement finding petitioner entitled to compensation under the Vaccine Act.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following, and requests that the Chief Special Master’s decision and the Court’s judgment
award:
a lump sum payment of $85,000.00, which represents compensation for
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 pain
and suffering.

Case 1:19-vv-01712-UNJ Document 54 Filed 06/21/21 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 petitioner be awarded a lump sum payment of $85,000.00, 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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: May 14, 2021
2