VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00370
Package ID: USCOURTS-cofc-1_20-vv-00370
Petitioner: Anne Marie Beachel
Filed: 2020-04-14
Decided: 2022-07-28
Vaccine: influenza
Vaccination date: 2017-10-09
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 102500

AI-assisted case summary:
Anne Marie Beachel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza (flu) vaccination she received on October 9, 2017. The respondent conceded that Petitioner was entitled to compensation, finding her medical course consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent determined that Petitioner had no prior history of shoulder issues, the pain occurred within forty-eight hours after the vaccination, the pain was limited to the injection site, and no other condition explained the pain. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, the parties submitted a proffer on the award of compensation. The respondent proffered that Petitioner should be awarded $102,500.00 in pain and suffering, which Petitioner agreed to. The court awarded Petitioner a lump sum payment of $102,500.00, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-00370-0
Date issued/filed: 2022-05-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/14/2022) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00370-UNJ Document 32 Filed 05/23/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-370V
UNPUBLISHED
ANNE MARIE BEACHEL, Chief Special Master Corcoran
Petitioner, Filed: April 14, 2022
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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 1, 2020, Anne Marie Beachel 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 (SIRVA) resulting
from the adverse effects of an influenza (flu) vaccination she received on October 9, 2017.
Petition at 1. Petitioner further alleges the vaccination was administered within the United
States, her left shoulder injuries lasted more than six months, and neither she, nor any
other party, has ever received any compensation in the form of a civil award of settlement
for Petitioner’s vaccine-related injuries. Petition at 1, 7. 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-00370-UNJ Document 32 Filed 05/23/22 Page 2 of 2
On March 28, 2022, 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. Respondent found that Petitioner’s medical course was consistent with a SIRVA as
defined by the Vaccine Injury Table. Specifically, Respondent determined that [P]etitioner
had no history of pain, inflammation, or dysfunction of her left shoulder, pain occurred
within forty-eight hours after receipt of an intramuscular vaccination, pain was limited to
the shoulder where the vaccine was administered, and no other condition or abnormality,
such as brachial neuritis, has been identified to explain petitioner’s shoulder pain.” Id. at
8-9. Respondent concluded that “[P]etitioner has satisfied all legal prerequisites for
compensation under the Act.” Id. at 9. Respondent further agrees that the scope of
damages to be awarded is limited to Petitioner’s SIRVA. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-00370-1
Date issued/filed: 2022-07-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/28/2022) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00370-UNJ Document 39 Filed 07/28/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-370V
UNPUBLISHED
ANNE MARIE BEACHEL, Chief Special Master Corcoran
Petitioner, Filed: June 28, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 1, 2020, Anne Marie Beachel 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) resulting from the adverse effects of an influenza (flu) vaccination
received on October 9, 2017. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 14, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On June 27, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $102,500.00. Proffer at
1. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00370-UNJ Document 39 Filed 07/28/22 Page 2 of 4
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 $102,500.00 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 1:20-vv-00370-UNJ Document 39 Filed 07/28/22 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANNE MARIE BEACHEL,
Petitioner,
v. No. 20-370V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND SPU
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 28, 2022, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. ECF No. 28. Thereafter, on April 14, 2022,
Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was
entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration
(“SIRVA”). ECF No. 29.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $102,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:20-vv-00370-UNJ Document 39 Filed 07/28/22 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $102,500.00, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ ANDREW J. HENNING
ANDREW J. HENNING
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) 616-4405
Email: andrew.j.henning@usdoj.gov
DATED: June 27, 2022
2