VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00098
Package ID: USCOURTS-cofc-1_20-vv-00098
Petitioner: Patricia Snelson
Filed: 2020-01-29
Decided: 2021-11-29
Vaccine: influenza
Vaccination date: 2018-11-14
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 42500

AI-assisted case summary:
Patricia Snelson filed a petition for compensation under the National Vaccine Injury Compensation Program on January 29, 2020, alleging that she suffered a Table injury, Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of her influenza vaccination on November 14, 2018. She stated the vaccine was administered in the United States, she suffered residual effects for more than six months, and there had been no prior award or settlement. The respondent filed a Rule 4(c) report conceding that Ms. Snelson is entitled to compensation, finding her injury consistent with SIRVA as defined on the Vaccine Injury Table. The respondent noted she had no prior shoulder issues, the onset of pain was within 48 hours of vaccination, the pain and reduced range of motion were limited to the vaccinated shoulder, and no other condition explained her symptoms. The respondent also confirmed the claim was timely filed, the vaccine was received in the U.S., and she met the statutory severity requirement. A ruling on entitlement was issued on October 14, 2021, finding her entitled to compensation. Subsequently, on October 18, 2021, the respondent filed a proffer agreeing to an award of $42,500.00 for all damages, consisting entirely of pain and suffering, which Ms. Snelson accepted. A decision awarding damages was issued on November 29, 2021, granting the lump sum payment of $42,500.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00098-0
Date issued/filed: 2021-11-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/14/2021) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00098-UNJ Document 37 Filed 11/22/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-98V
UNPUBLISHED
PATRICIA SNELSON, Chief Special Master Corcoran
Petitioner, Filed: October 14, 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)
Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On January 29, 2020, Patricia Snelson 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 that she suffered a Table injury – Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of her November 14, 2018
influneza (“flu”) vaccination. Amended Petition, filed September 23, 2020, at 1. Petitioner
further alleges that the vaccine was administered within the United States, that she
suffered the residual effects of her injury for more than six months, and that there has
been no prior award or settlement of a civil action on her behalf as a result of her injury.
See Amended Petition ¶¶ 3, 23-24. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
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 1:20-vv-00098-UNJ Document 37 Filed 11/22/21 Page 2 of 2
On October 13, 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 indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (DICP), have reviewed the facts
of this case and concluded that petitioner’s alleged injury is consistent with
SIRVA, as defined on the Vaccine Injury Table. Specifically, petitioner had
no apparent history of pain, inflammation or dysfunction in her left shoulder;
she more likely than not suffered the onset of pain within forty-eight hours
of vaccine administration; her pain and reduced range of motion were
limited to the shoulder in which the intramuscular vaccine was administered;
and there is no other condition or abnormality present that would explain
petitioner’s symptoms. 42 C.F.R. § 100.3(a), (c)(10). Therefore, petitioner
is entitled to a presumption of vaccine causation.
Id. at 3. Respondent further agrees that
[w]ith respect to other statutory and jurisdictional issues, the records show
that petitioner’s claim was timely filed, that the vaccine was received in the
United States, and that petitioner satisfies the statutory severity requirement
by suffering the residual effects or complications of her injury for more than
six months after vaccine administration. See 42 U.S.C. §§ 300aa-
11(c)(1)(D)(i). Petitioner also avers that she has not filed a civil action for
her vaccine-related injuries and has “never received any compensation in
the form of award” or civil settlement for her vaccine-related injury. Petition
at 5. Thus, based on the record as it now stands, petitioner has satisfied all
legal prerequisites for compensation under the Act.
Id. at 3-4.
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-00098-1
Date issued/filed: 2021-11-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/21/2021) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00098-UNJ Document 38 Filed 11/29/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0098V
UNPUBLISHED
PATRICIA SNELSON, Chief Special Master Corcoran
Petitioner, Filed: October 21, 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)
Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On January 29, 2020, Patricia Snelson 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 that she suffered a Table injury – Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of her November 14, 2018
influneza (“flu”) vaccination. Amended Petition, filed September 23, 2020, at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On October 14, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On October 18, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $42,500.00 for all
damages, consisting entirely of pain and suffering. Proffer at 1-2. 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.
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 1:20-vv-00098-UNJ Document 38 Filed 11/29/21 Page 2 of 4
Respondent represented that Petitioner agrees with the proffered award. Id. at 2. 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 $42,500.00 (representing pain and suffering) 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.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-00098-UNJ Document 38 Filed 11/29/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PATRICIA SNELSON,
Petitioner, No. 20-098V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On January 29, 2020, Patricia Snelson (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. Petitioner alleges that she suffered from “severe left shoulder pain, an inability
to lift and a decreased range of motion, which were caused in fact by” the influenza (“flu”)
vaccination she received on November 14, 2018. See Petition at 1. On October 13, 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 October 14, 2021, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
No. 30; ECF No. 31.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $42,500.00 for all damages, consisting entirely of pain and suffering. This

Case 1:20-vv-00098-UNJ Document 38 Filed 11/29/21 Page 4 of 4
amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.
III. Form of the Award
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 $42,500.00 in
the form of a check payable to petitioner.1 Petitioner agrees.
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s Terrence K. Mangan, Jr.
TERRENCE K. MANGAN, JR.
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) 532-5875
Email: terrence.mangan@usdoj.gov
E-FILED: October 18, 2021
1 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2