VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01919
Package ID: USCOURTS-cofc-1_19-vv-01919
Petitioner: Colleen Sexton
Filed: 2019-12-18
Decided: 2021-12-03
Vaccine: influenza
Vaccination date: 2017-10-25
Condition: tear of the right rotator cuff
Outcome: compensated
Award amount USD: 63040

AI-assisted case summary:
Colleen Sexton filed a petition on December 18, 2019, alleging that she suffered a tear of her right rotator cuff caused by an influenza vaccine she received on October 25, 2017. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report on June 7, 2021, conceding that Petitioner is entitled to compensation, finding her condition consistent with a shoulder injury related to vaccine administration (SIRVA) as defined by the Vaccine Injury Table. A ruling on entitlement was issued on June 8, 2021, finding Petitioner entitled to compensation. On October 29, 2021, Respondent filed a proffer on award of compensation, recommending an award of $63,040.00, comprised of $62,500.00 for pain and suffering and $540.00 for past unreimbursable expenses. Petitioner agreed with the proffered award. A decision awarding damages was issued on December 3, 2021, granting Petitioner a lump sum payment of $63,040.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01919-0
Date issued/filed: 2021-07-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/08/2021) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01919-UNJ Document 34 Filed 07/08/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1919V
UNPUBLISHED
COLLEEN SEXTON, Chief Special Master Corcoran
Petitioner, Filed: June 8, 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)
James M. Merrigan, Rawson, Merrivan & Litner, LLP, Boston, MA, for Petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 18, 2019, Colleen Sexton 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 tear of the right rotator cuff, which
was ‘caused in fact’ by her receipt” of an influenza (“flu”) vaccine that was administered
to her on October 25, 2017. Petition at 1.3 The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 7, 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).
3 Petitioner subsequently stated that she “is alleging that she suffered a shoulder injury that falls within the
‘Vaccine Injury Table’ and is compensable.” ECF No. 21.

Case 1:19-vv-01919-UNJ Document 34 Filed 07/08/21 Page 2 of 2
Specifically, Respondent has concluded that Petitioner’s medical course is consistent with
a shoulder injury related to vaccine administration (“SIRVA”) “as defined by the Vaccine
Injury Table and Qualifications and Aids to Interpretation”. Id. at 6. Respondent further
agrees that Petitioner suffered the residual effects of her condition for more than six
months. 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-01919-1
Date issued/filed: 2021-12-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/01/2021) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01919-UNJ Document 41 Filed 12/03/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1919V
UNPUBLISHED
COLLEEN SEXTON, Chief Special Master Corcoran
Petitioner, Filed: November 1, 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)
James M. Merrigan, Rawson, Merrigan & Litner, LLP, Boston, MA, for Petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 18, 2019, Colleen Sexton 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 tear of the right rotator cuff, which
was ‘caused in fact’ by her receipt” of an influenza (“flu”) vaccine that was administered
to her on October 25, 2017. Petition at 1.3 The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 8, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On October 29, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $63,040.00 (comprised
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).
3 Petitioner subsequently stated that she “is alleging that she suffered a shoulder injury that falls within the
‘Vaccine Injury Table’ and is compensable.” ECF No. 21.

Case 1:19-vv-01919-UNJ Document 41 Filed 12/03/21 Page 2 of 5
of $62,500.00 in pain and suffering and $540.00 in past unreimbursable expenses).
Proffer at 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 $63,040.00 (comprised of $62,500.00 in pain and suffering and
$540.00 in past unreimbursable expenses) 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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-01919-UNJ Document 41 Filed 12/03/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
COLLEEN SEXTON,
Petitioner, No. 19-1919V
v. Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 18, 2019, Colleen Sexton (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
-34 (“Vaccine Act” or “Act”), as amended. The Petition alleged petitioner suffered “a tear of the
right rotator cuff, which was ‘caused in fact’ by her receipt” of flu vaccine on October 25, 2017.
Petition at 1. In a status report, petitioner subsequently stated that she “is alleging that she
suffered a shoulder injury that falls within the ‘Vaccine Injury Table’ and is compensable.”
January 4, 2021 Status Report, ECF No. 21.
On June 7, 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 shoulder injury related to vaccine administration (“SIRVA”) Table injury, and on June 8,
2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF Nos. 31 and 32.
1

Case 1:19-vv-01919-UNJ Document 41 Filed 12/03/21 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $62,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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 $540.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent 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 following: a lump sum payment of $63,040.00, in the form of a
check payable to petitioner.1
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Colleen Sexton: $63,040.00
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 lost earnings
and future pain and suffering.
2

Case 1:19-vv-01919-UNJ Document 41 Filed 12/03/21 Page 5 of 5
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Email: adriana.teitel@usdoj.gov
Dated: October 29, 2021
3