VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00402
Package ID: USCOURTS-cofc-1_20-vv-00402
Petitioner: Mindy Botts
Filed: 2020-04-07
Decided: 2021-12-01
Vaccine: influenza
Vaccination date: 2017-10-02
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 140980

AI-assisted case summary:
Mindy Botts filed a petition on April 7, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she received an influenza vaccine on October 2, 2017, and subsequently developed a left shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a report on July 30, 2021, conceding that Ms. Botts was entitled to compensation. The respondent agreed that Ms. Botts' injury met the criteria for SIRVA as defined by the Vaccine Injury Table for an influenza vaccine and fell within the Table's timeframe. On August 2, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Botts entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on October 22, 2021, the respondent filed a proffer recommending an award of $140,980.07. This amount was comprised of $125,000.00 for pain and suffering and $15,980.07 for lost wages. The respondent represented that Ms. Botts agreed with this proffered award. On December 1, 2021, Chief Special Master Corcoran issued a decision awarding Ms. Botts the lump sum of $140,980.07, payable by check to Ms. Botts, as compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Kristi Suzanne Schubert of Lamothe Law Firm, LLC, and respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Mindy Botts alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 2, 2017. The respondent conceded entitlement, agreeing that the injury met the criteria for SIRVA as defined by the Vaccine Injury Table and occurred within the Table timeframe. The case proceeded to a damages decision based on a proffer. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 2, 2021, finding Ms. Botts entitled to compensation. On December 1, 2021, Chief Special Master Corcoran awarded Ms. Botts a lump sum of $140,980.07, consisting of $125,000.00 for pain and suffering and $15,980.07 for lost wages. Petitioner was represented by Kristi Suzanne Schubert, and respondent was represented by Camille Michelle Collett. The specific medical mechanism, onset, symptoms, or diagnostic tests were not detailed in the provided public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00402-0
Date issued/filed: 2021-09-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/02/2021) regarding 37 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00402-UNJ Document 40 Filed 09/02/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-402V
UNPUBLISHED
MINDY BOTTS, Chief Special Master Corcoran
Petitioner, Filed: August 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)
Kristi Suzanne Schubert, Lamothe Law Firm, LLC, New Orleans, LA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 7, 2020, Mindy Botts 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 received an influenza (“flu”) vaccine on October 2, 2017
and thereafter suffered a left shoulder injury related to vaccine administration (“SIRVA”).
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On July 30, 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, it is Respondent’s position that Petitioner has satisfied the criteria set forth in
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-00402-UNJ Document 40 Filed 09/02/21 Page 2 of 2
the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a SIRVA
injury caused by a flu vaccine. Id. at 6.
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-00402-1
Date issued/filed: 2021-12-01
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/26/2021) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00402-UNJ Document 50 Filed 12/01/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-402V
UNPUBLISHED
MINDY BOTTS, Chief Special Master Corcoran
Petitioner, Filed: October 26, 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)
Kristi Suzanne Schubert, Lamothe Law Firm, LLC, New Orleans, LA, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 7, 2020, Mindy Botts 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”) caused by an influenza vaccine administered on October 2,
2017. Petition at 4. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On August 2, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On October 22, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $140,980.07
(comprised of $125,000.00 for pain and suffering and $15,980.07 for lost wages). Proffer
at 2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-00402-UNJ Document 50 Filed 12/01/21 Page 2 of 5
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 $140,980.07 (comprised of $125,000.00 for pain and suffering and
$15,980.07 for lost wages) 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-00402-UNJ Document 50 Filed 12/01/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
MINDY BOTTS, )
)
Petitioner, )
) No. 20-402V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On April 7, 2020, Mindy Botts (“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. She alleges that, as a result of receiving the influenza vaccine on October 2,
2017, she suffered from a left shoulder injury that satisfied the criteria for a Shoulder Injury
Related to Vaccine Administration (SIRVA). See Petition at 4. On July 30, 2021, respondent
filed his Vaccine Rule 4(c) report, concluding that petitioner suffered SIRVA as defined by the
Vaccine Injury Table, within the Table timeframe. ECF No. 36. On August 2, 2021, the Chief
Special Master issued a ruling on entitlement, finding that petitioner was entitled to
compensation for a SIRVA Table injury. ECF No. 37.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:20-vv-00402-UNJ Document 50 Filed 12/01/21 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $140,980.07 for all damages, including $125,000.00 representative of pain and
suffering and $15,980.07 representative of lost earnings. This 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 $140,980.07, in
the form of a check payable to petitioner.2 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
2 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

Case 1:20-vv-00402-UNJ Document 50 Filed 12/01/21 Page 5 of 5
/s/Camille M. Collett
CAMILLE M. COLLETT
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) 616-4098
DATED: October 22, 2021 E-mail: Camille.M.Collett@usdoj.gov
3