VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00274
Package ID: USCOURTS-cofc-1_20-vv-00274
Petitioner: Donna Holcomb
Filed: 2021-07-07
Decided: 2021-08-17
Vaccine: influenza
Vaccination date: 2018-11-15
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60411

AI-assisted case summary:
Donna Holcomb filed a petition for compensation under the National Vaccine Injury Compensation Program on March 3, 2020, alleging a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on November 15, 2018. The respondent, Secretary of Health and Human Services, filed a Rule 4(c) report on June 11, 2021, conceding that Ms. Holcomb was entitled to compensation. The respondent determined that the petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, agreeing that the scope of damages should be limited to the left SIRVA and its related sequelae. On July 7, 2021, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Ms. Holcomb entitled to compensation. Subsequently, on July 14, 2021, the respondent filed a proffer on the award of compensation. On August 17, 2021, Chief Special Master Corcoran issued a Decision Awarding Damages. The decision awarded Ms. Holcomb a total of $60,411.09 as a lump sum payment. This amount included $57,500.00 for pain and suffering and $2,911.09 for past unreimbursable expenses. Petitioner was represented by Leigh Finfer and Leigh Rosser of Muller Brazil, LLP, and respondent was represented by Mollie Danielle Gorney of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Donna Holcomb alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 15, 2018. The respondent conceded that the injury was a Table injury, satisfying the criteria of the Vaccine Injury Table and Qualifications and Aids to Interpretation. The case was resolved via a stipulation and proffer on award of compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 7, 2021, and a Decision Awarding Damages on August 17, 2021. The award totaled $60,411.09, consisting of $57,500.00 for pain and suffering and $2,911.09 for past unreimbursable expenses, paid as a lump sum to the competent adult petitioner. Petitioner counsel was Leigh Finfer and Leigh Rosser (Muller Brazil, LLP), and respondent counsel was Mollie Danielle Gorney (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00274-0
Date issued/filed: 2021-08-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/07/2021) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00274-UNJ Document 28 Filed 08/06/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-274V
UNPUBLISHED
DONNA HOLCOMB, Chief Special Master Corcoran
Petitioner, Filed: July 7, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 3, 2020, Donna Holcomb 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 injury related to vaccine
administration (SIRVA) resulting from the adverse effects of an influenza vaccination she
received on November 15, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 11, 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 determined that “[P]etitioner has satisfied the criteria set forth in
the Vaccine Injury Table and the Qualifications and Aids to Interpretation.” Id. at 4-5.
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-00274-UNJ Document 28 Filed 08/06/21 Page 2 of 2
Respondent concluded that Petitioner satisfied all legal prerequisites for compensation
under the Act. Respondent further agrees that the scope of damages to be awarded is
limited to petitioner’s left SIRVA and its related sequelae only. 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_20-vv-00274-1
Date issued/filed: 2021-08-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/15/2021) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00274-UNJ Document 29 Filed 08/17/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-274V
UNPUBLISHED
DONNA HOLCOMB, Chief Special Master Corcoran
Petitioner, Filed: July 15, 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)
Leigh Rosser, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 11, 2020, Donna Holcomb 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 injury related to vaccine
administration (SIRVA) resulting from the adverse effects of an influenza vaccination
received on November 15, 2018. Petition at 1. Petitioner further alleges that she received
the vaccination in the United States, her injuries lasted more than six months, and neither
she, nor any other party, has ever received compensation in the form of a civil award of
settlement for her vaccine-related injuries. Petition at 1, 4. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On July 7, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On July 14, 2021, Respondent filed a proffer on award of
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-00274-UNJ Document 29 Filed 08/17/21 Page 2 of 5
compensation (“Proffer”) indicating Petitioner should be awarded $60,411.09. 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 $60,411.09 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-00274-UNJ Document 29 Filed 08/17/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DONNA HOLCOMB, )
)
Petitioner, )
) No. 20-274V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 11, 2020, Donna Holcomb (“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 November 15, 2018. Petition at 1. On June 11, 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 July 7, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 20; ECF No. 21.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $57,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00274-UNJ Document 29 Filed 08/17/21 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 $2,911.09. 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 $60,411.09, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Dona Holcomb: $60,411.09
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-00274-UNJ Document 29 Filed 08/17/21 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Mollie D. Gorney
MOLLIE D. GORNEY
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) 616-4029
DATED: July 14, 2021
3