VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01974
Package ID: USCOURTS-cofc-1_19-vv-01974
Petitioner: Christina Lepre
Filed: 2019-12-30
Decided: 2022-05-17
Vaccine: influenza
Vaccination date: 2018-03-05
Condition: left shoulder impingement and a mild partial rotator cuff tear with tendinopathy of the supraspinatus
Outcome: compensated
Award amount USD: 50650

AI-assisted case summary:
Christina Lepre filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder impingement, a mild partial rotator cuff tear, and tendinopathy of the supraspinatus, caused by her receipt of a trivalent influenza vaccine on March 5, 2018. The case was assigned to the Special Processing Unit of the Office of Special Masters. Respondent filed a Rule 4(c) report conceding that Petitioner's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), as defined on the Vaccine Injury Table, and that she had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on August 12, 2021, finding Petitioner entitled to compensation. Subsequently, on March 31, 2022, Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $50,650.00. This amount represented $50,000.00 for past pain and suffering and $650.00 for past unreimbursable expenses. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $50,650.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01974-0
Date issued/filed: 2021-09-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/12/2021) regarding 37 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01974-UNJ Document 39 Filed 09/14/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1974V
UNPUBLISHED
CHRISTINA LEPRE, Chief Special Master Corcoran
Petitioner, Filed: August 12, 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, Merrigan, & Litner, LLP, Boston, MA, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 30, 2019, Christina Lepre 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 left shoulder impingement and a
mild partial rotator cuff tear with tendinopathy of the supraspinatus, which was ‘caused in
fact’ by her receipt of the” trivalent influenza (“flu”) vaccine on March 5, 2018. Petition at
1, ¶ 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On August 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 “has concluded that [P]etitioner’s alleged injury is consistent
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01974-UNJ Document 39 Filed 09/14/21 Page 2 of 2
with SIRVA, as defined on the Vaccine Injury Table.” Id. at 4. Respondent further agrees
that “based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites
for compensation under the 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

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01974-1
Date issued/filed: 2022-05-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/31/2022) regarding 48 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01974-UNJ Document 51 Filed 05/17/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1974V
UNPUBLISHED
CHRISTINA LEPRE, Chief Special Master Corcoran
Petitioner, Filed: March 31, 2022
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.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 30, 2019, Christina Lepre 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 left shoulder impingement and a
mild partial rotator cuff tear with tendinopathy of the supraspinatus, which was ‘caused in
fact’ by her receipt of the” trivalent influenza (“flu”) vaccine on March 5, 2018. Petition at
1, ¶ 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On August 12, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On March 31, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $50,650.00,
representing $50,000.00 for her past pain and suffering and $650.00 for her past
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).

Case 1:19-vv-01974-UNJ Document 51 Filed 05/17/22 Page 2 of 5
unreimbursable expenses. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $50,650.00, representing $50,000.00 for her actual pain and
suffering and $650.00 for her actual 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 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-01974-UNJ Document 51 Filed 05/17/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
CHRISTINA LEPRE, )
)
Petitioner, )
) No. 19-1974V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 30, 2019, Christina Lepre (“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. Petitioner alleged that she suffered a left shoulder
impingement and a mild partial rotator cuff tear with tendinopathy of the supraspinatus, which
was “caused in fact” by her receipt of an influenza (“flu”) vaccine on March 5, 2018. Petition at
1. On August 12, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule
4(c) Report recommending that compensation be awarded, and the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 36, 37.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-01974-UNJ Document 51 Filed 05/17/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure for past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $650.00, as provided under the Vaccine
Act, 42 U.S.C. § 300aa-15(a)(1)(B). 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 $50,650.00, representing
compensation for actual pain and suffering ($50,000.00) and past unreimbursable expenses
($650.00) in the form of a check payable to petitioner, Christina Lepre. Petitioner agrees.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Christina Lepre: $ 50,650.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy 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-01974-UNJ Document 51 Filed 05/17/22 Page 5 of 5
/s/ Kimberly S. Davey
KIMBERLY S. DAVEY
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) 307-1815
Kimberly.Davey@usdoj.gov
DATED: March 31, 2022
3