VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00389
Package ID: USCOURTS-cofc-1_20-vv-00389
Petitioner: Roxane Wise
Filed: 2022-01-05
Decided: 2022-03-14
Vaccine: influenza
Vaccination date: 2018-10-12
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 54056

AI-assisted case summary:
Roxane Wise filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2022, alleging a left shoulder injury resulting from an influenza vaccination received on October 12, 2018. She claimed the injury was a Shoulder Injury Related to Vaccine Administration (SIRVA) and that her injuries lasted more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 9, 2021, conceding that Ms. Wise was entitled to compensation. The respondent found her alleged injury consistent with a SIRVA as defined on the Vaccine Injury Table, noting she had no prior history of shoulder issues, pain occurred within 48 hours of the vaccination, and the pain was limited to the injection site. Based on the respondent's concession and the evidence, a ruling on entitlement was issued on January 5, 2022, finding Ms. Wise entitled to compensation. Subsequently, on February 9, 2022, the respondent filed a proffer on award of compensation, proposing $54,056.12, comprising $52,500.00 for pain and suffering and $1,556.12 for unreimbursed medical expenses. Ms. Wise agreed with this proposed award. On March 14, 2022, the court issued a decision awarding Ms. Wise a lump sum payment of $54,056.12.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-00389-0
Date issued/filed: 2022-02-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/05/2022) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00389-UNJ Document 23 Filed 02/07/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-389V
UNPUBLISHED
ROXANE WISE, Chief Special Master Corcoran
Petitioner, Filed: January 5, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mallori B. Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 6, 2020, Roxane Wise 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 suffered a left shoulder injury resulting from the adverse
effects of an influenza vaccination, received on October 12, 2018. Petition at 1. Petitioner
further alleges that the vaccine was administered in the United States, her 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 her vaccine-related injuries.
Petition at 1, 3. 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-00389-UNJ Document 23 Filed 02/07/22 Page 2 of 2
On August 9, 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. Respondent found that “[P]etitioner’s alleged injury is consistent with a SIRVA, as
defined on the Vaccine Injury Table.” Id. at 3 (footnote omitted). Specifically, Respondent
determined that “[P]etitioner had no history of pain, inflammation, or dysfunction of her
left shoulder; medical records document that pain occurred within 48 hours after receipt
of an intramuscular vaccination; pain was limited to the left shoulder in which the vaccine
was administered; and no other condition or abnormality has been identified to explain
[P]etitioner’s shoulder pain.” Id. at 3-4 (citation omitted). Respondent concluded that
“[P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 4.
Respondent further agrees that the scope of damages to be awarded is limited to
Petitioner’s left-sided 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-00389-1
Date issued/filed: 2022-03-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/10/2022) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00389-UNJ Document 29 Filed 03/14/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-389V
UNPUBLISHED
ROXANE WISE, Chief Special Master Corcoran
Petitioner, Filed: February 10, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mallori B. Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 6, 2020, Roxane Wise 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 vaccination,
received on October 12, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On January 5, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On February 9, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $54,056.12
($52,500.00 for pain and suffering and $1,556.12 for unreimbursed medical expenses).
Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the
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-00389-UNJ Document 29 Filed 03/14/22 Page 2 of 4
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 $54,056.12 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-00389-UNJ Document 29 Filed 03/14/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ROXANE WISE,
Petitioner, No. 20-389V
Chief Special Master Corcoran
v. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History and Items of Compensation
On August 9, 2021, respondent filed his Vaccine Rule 4(c) report, and conceded that
entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on
January 5, 2022, the Chief Special Master issued a Ruling on Entitlement finding that petitioner
was entitled to vaccine compensation for her left Shoulder Injury Related to Vaccine
Administration (“SIRVA”). ECF Doc. 20. Based on the evidence of record, respondent proffers
that petitioner should be awarded $54,056.12, which is comprised of damages for pain and
suffering ($52,500.00) and unreimbursed medical expenses ($1,556.12). This amount represents
all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-
15(a).1 Petitioner agrees.
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.
1

Case 1:20-vv-00389-UNJ Document 29 Filed 03/14/22 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 $54,056.12, 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
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/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
mallori.b.openchowski@usdoj.gov
DATED: February 9, 2022
2