VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00278
Package ID: USCOURTS-cofc-1_20-vv-00278
Petitioner: Andrea Carrier
Filed: 2020-03-12
Decided: 2022-01-05
Vaccine: influenza
Vaccination date: 2018-10-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 107500

AI-assisted case summary:
Andrea Carrier filed a petition for compensation under the National Vaccine Injury Compensation Program on March 12, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 5, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. The respondent agreed that Petitioner suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table and met the statutory requirements for compensation, including suffering the condition for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 2, 2021, finding Petitioner entitled to compensation. Subsequently, on November 24, 2021, the parties submitted a proffer on the award of compensation. The respondent proffered an award of $107,500.00 for pain and suffering, which Petitioner agreed to. In a decision dated January 5, 2022, Chief Special Master Corcoran awarded Andrea Carrier a lump sum payment of $107,500.00 in pain and suffering, payable by check to Petitioner. This award represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and the respondent was represented by Wei Kit Tai of the U.S. Department of Justice.

Theory of causation field:
Petitioner Andrea Carrier alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 5, 2018. The respondent conceded that Petitioner suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table and met the statutory requirements, including the condition lasting more than six months. The case was compensated based on this concession and the Table injury. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 2, 2021, and a decision awarding damages on January 5, 2022. The award was a lump sum of $107,500.00 for pain and suffering, agreed upon by both parties. Petitioner was represented by Leigh Finfer (Muller Brazil, LLP), and Respondent was represented by Laurie Wiesner and later Wei Kit Tai (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00278-0
Date issued/filed: 2021-08-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/02/2021) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00278-UNJ Document 32 Filed 08/02/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0278V
UNPUBLISHED
ANDREA CARRIER, Chief Special Master Corcoran
Petitioner, Filed: July 2, 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
Laurie Wiesner, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 12, 2020, Andrea Carrier 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”) as a result of an influenza (“flu”) vaccine that was administered
to her on October 5, 2018. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On July 2, 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 suffered a SIRVA of the left
shoulder as defined by the Vaccine Injury Table. Id. at 3-4. Respondent further agrees
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-00278-UNJ Document 32 Filed 08/02/21 Page 2 of 2
that “[P]etitioner met the statutory requirements by suffering the condition for more than
six months. Id. at 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-00278-1
Date issued/filed: 2022-01-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/29/2021) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00278-UNJ Document 43 Filed 01/05/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0278V
UNPUBLISHED
ANDREA CARRIER, Chief Special Master Corcoran
Petitioner, Filed: November 29, 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 Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 12, 2020, Andrea Carrier 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”) as a result of an influenza (“flu”) vaccine administered to her on
October 5, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On July 2, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On November 24, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $107,500.00 in pain
and suffering. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner
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-00278-UNJ Document 43 Filed 01/05/22 Page 2 of 5
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 $107,500.00 (in 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-00278-UNJ Document 43 Filed 01/05/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ANDREA CARRIER,
)
)
Petitioner,
) No. 20-278V
v.
) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 12, 2020, Andrea Carrier (“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 flu vaccine on
October 5, 2018. Petition at 1.
On July 2, 2021, the Secretary of Health and Human Services (“respondent”) filed a
Vaccine 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.
ECF No. 29. Later that day, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 30.
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $107,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4).

Case 1:20-vv-00278-UNJ Document 43 Filed 01/05/22 Page 4 of 5
The above 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 $107,500.00, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Andrea Carrier: $107,500.00
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
LARA A. ENGLUND
Assistant 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-00278-UNJ Document 43 Filed 01/05/22 Page 5 of 5
s/ Wei Kit (Ricky) Tai
WEI KIT (RICKY) TAI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 598-7705
Wei.Tai@usdoj.gov
Dated: November 24, 2021
3