VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00024
Package ID: USCOURTS-cofc-1_20-vv-00024
Petitioner: Paoshoua Vue
Filed: 2020-01-08
Decided: 2021-08-23
Vaccine: influenza
Vaccination date: 2018-10-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 54110

AI-assisted case summary:
Paoshoua Vue filed a petition on January 8, 2020, alleging that an influenza vaccine received on October 26, 2018, caused a shoulder injury related to vaccine administration (SIRVA). The respondent filed a Rule 4(c) report on May 28, 2021, conceding entitlement to compensation. The respondent agreed that Ms. Vue had no prior shoulder issues, experienced pain within 48 hours of vaccination, that her symptoms were localized to the affected shoulder, and that there was no other condition to explain her symptoms. The respondent also confirmed the vaccination occurred in the United States and that the injury's residual effects lasted over six months. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 1, 2021, finding Ms. Vue entitled to compensation for a left SIRVA. Subsequently, on July 20, 2021, the respondent filed a proffer on the award of compensation. On August 23, 2021, Chief Special Master Corcoran issued a decision awarding damages based on this proffer. The parties agreed to an award of $54,000.00 for pain and suffering and $110.00 for past unreimbursable expenses, totaling $54,110.00. Ms. Vue is a competent adult. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and respondent was represented by Catherine Elizabeth Stolar of the U.S. Department of Justice.

Theory of causation field:
Petitioner Paoshoua Vue alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 26, 2018. The respondent conceded entitlement, agreeing that Petitioner had no prior shoulder issues, experienced pain within 48 hours of vaccination, symptoms were localized to the affected shoulder, and residual effects lasted over six months. The respondent also confirmed vaccination in the U.S. The case was determined to be a Table Injury. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 1, 2021, and a damages decision on August 23, 2021. The award was based on a proffer agreed to by both parties, totaling $54,110.00 ($54,000.00 for pain and suffering and $110.00 for past unreimbursable expenses). Petitioner was represented by Jessica Olins (Maglio Christopher & Toale, PA) and respondent by Catherine E. Stolar (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00024-0
Date issued/filed: 2021-07-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/01/2021) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00024-UNJ Document 29 Filed 07/01/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0024V
UNPUBLISHED
PAOSHOUA VUE, Chief Special Master Corcoran
Petitioner, Filed: June 1, 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)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
On January 8, 2020, Paoshoua Vue 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 her receipt of an influenza (“flu”) vaccination on
October 26, 2018 caused her to develop a shoulder injury related to vaccine
administration (SIRVA). Petition at 1, 4. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On May 28, 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 agrees that Petitioner had no history of pain, inflammation, or
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 1:20-vv-00024-UNJ Document 29 Filed 07/01/21 Page 2 of 2
dysfunction of the affected shoulder prior to vaccination; that Petitioner more likely than
not suffered the onset of pain within 48 hours of vaccine administration; that Petitioner’s
pain and reduced range of motion were limited to the shoulder in which the vaccine was
administered; and that there is no other condition or abnormality present that would
explain Petitioner’s symptoms. Id. at 8-9. Respondent further agrees that Petitioner
received her vaccination in the United States and that Petitioner suffered the residual
effects of her injury for more than six months after vaccine administration. Id. at 9.
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_20-vv-00024-1
Date issued/filed: 2021-08-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/20/2021) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00024-UNJ Document 36 Filed 08/23/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0024V
UNPUBLISHED
PAOSHOUA VUE, Chief Special Master Corcoran
Petitioner, Filed: July 20, 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)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
On January 8, 2020, Paoshoua Vue 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) after an influenza (“flu”) vaccination on October 26, 2018. Petition
at 1, 4. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On June 1, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a left SIRVA. On July 20, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $54,110.00. Proffer at
2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
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 1:20-vv-00024-UNJ Document 36 Filed 08/23/21 Page 2 of 5
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 $54,000.00
in pain and suffering and $110.00 in past unreimbursed expenses.
Accordingly, I award Petitioner a lump sum payment of $54,110.00 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.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 1:20-vv-00024-UNJ Document 36 Filed 08/23/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
PAOSHOUA VUE, )
)
Petitioner, )
) No. 20-24V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 8, 2020, Paoshoua Vue (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine she received on October 26, 2018. Petition at 1, 4. On May 28, 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 SIRVA Table injury, and on June
1, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 25; ECF No. 26.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $54,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00024-UNJ Document 36 Filed 08/23/21 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 $110.00. 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 following1: a lump sum payment of $54,110.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Paoshoua Vue: $54,110.00
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
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 1:20-vv-00024-UNJ Document 36 Filed 08/23/21 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Catherine E. Stolar
CATHERINE E. STOLAR
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) 353-3299
Fax: (202) 616-4310
Email: catherine.stolar@usdoj.gov
DATED: July 20, 2021
3