VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01855
Package ID: USCOURTS-cofc-1_19-vv-01855
Petitioner: Janet Schreiber
Filed: 2019-12-09
Decided: 2022-01-06
Vaccine: influenza
Vaccination date: 2018-11-01
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 116046

AI-assisted case summary:
Janet Schreiber filed a petition for compensation under the National Vaccine Injury Compensation Program on December 9, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on November 1, 2018. The respondent conceded that the petitioner was entitled to compensation, agreeing that she suffered a SIRVA as set forth in the Vaccine Injury Table and that the statutory sequela requirement was satisfied. On May 24, 2021, a ruling on entitlement was issued, finding the petitioner entitled to compensation. Subsequently, on November 30, 2021, the respondent filed a proffer on an award of compensation, which the petitioner agreed to. On January 6, 2022, the court awarded Janet Schreiber a lump sum payment of $116,046.23, consisting of $115,500.00 for pain and suffering and $546.23 for past unreimbursable expenses.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-01855-0
Date issued/filed: 2021-06-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/24/2021) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01855-UNJ Document 31 Filed 06/24/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1855V
UNPUBLISHED
JANET SCHREIBER, Chief Special Master Corcoran
Petitioner, Filed: May 24, 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)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 9, 2019, Janet Schreiber 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, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On May 21, 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 suffered a SIRVA as set forth in the
Vaccine Injury Table. Id. at 3. Respondent further agrees that no other causes 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-01855-UNJ Document 31 Filed 06/24/21 Page 2 of 2
Petitioner’s SIRVA were identified and the statutory six-month sequela requirement has
been satisfied. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-01855-1
Date issued/filed: 2022-01-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/30/2021) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01855-UNJ Document 46 Filed 01/06/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1855V
UNPUBLISHED
JANET SCHREIBER, Chief Special Master Corcoran
Petitioner,
v. Filed: November 30, 2021
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision on Proffer;
Concession; Table Injury; Influenza
Respondent. (Flu); Shoulder Injury Related to
Vaccine Administration (SIRVA).
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On December 9, 2019, Janet Schreiber 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on
November 1, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
1 Because this unpublished opinion 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 opinion 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-01855-UNJ Document 46 Filed 01/06/22 Page 2 of 5
On May 24, 2021, I issued a ruling that Petitioner was entitled to compensation for
her SIRVA. ECF No. 29. On November 30, 2021, Respondent filed a proffer on an award
of compensation, to which Petitioner agrees. ECF No. 41 (attached hereto as Exhibit A).
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 $116,046.23 (representing $115,500.00 for pain and suffering, and
$546.23 for past unreimbursable expenses). 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-01855-UNJ Document 46 Filed 01/06/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JANET SCHREIBER,
Petitioner, No. 19-1855V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 9, 2019, Janet Schreiber (“petitioner”), filed a Petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or
“the Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) in her right shoulder as a result of an influenza (“flu”) vaccine
administered on November 1, 2018. Petition at 1. On May 21, 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, and on May 24, 2021, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 28; ECF
No. 29.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $115,500.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-01855-UNJ Document 46 Filed 01/06/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $546.23. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
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
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner be made through a lump
sum payment as described below:
A lump sum payment of $116,046.23, in the form of a check payable to petitioner,
Janet Schreiber.
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
2

Case 1:19-vv-01855-UNJ Document 46 Filed 01/06/22 Page 5 of 5
/s/ Alexa Roggenkamp
ALEXA ROGGENKAMP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4179
alexa.roggenkamp@usdoj.gov
DATED: November 30, 2021
3