VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00418
Package ID: USCOURTS-cofc-1_20-vv-00418
Petitioner: Denise Summer
Filed: 2020-04-13
Decided: 2021-10-27
Vaccine: influenza
Vaccination date: 2018-10-03
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 65350

AI-assisted case summary:
Denise Summer filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on October 3, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 19, 2021, conceding that the petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 19, 2021, finding the petitioner entitled to compensation. Subsequently, on September 22, 2021, the parties submitted a proffer on damages. Chief Special Master Corcoran issued a Decision on Damages on October 27, 2021, awarding Denise Summer a total of $65,350.07. This award consisted of $65,000.00 for pain and suffering and $350.07 for past unreimbursable expenses. The award represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and the respondent was represented by Lauren Kells of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Denise Summer filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 3, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 19, 2021, finding the petitioner entitled to compensation. A subsequent Decision on Damages, issued by Chief Special Master Corcoran on October 27, 2021, awarded Denise Summer $65,350.07, comprising $65,000.00 for pain and suffering and $350.07 for past unreimbursable expenses. The award was based on a stipulation between the parties, with the respondent's counsel being Lauren Kells and petitioner's counsel being Bridget Candace McCullough. The specific mechanism of injury, medical evidence, or expert testimony was not detailed in the provided public text, as the case was resolved via concession and stipulation based on the Table criteria for SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00418-0
Date issued/filed: 2021-09-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/19/2021) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00418-UNJ Document 35 Filed 09/20/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0418V
UNPUBLISHED
DENISE SUMMER, Chief Special Master Corcoran
Petitioner,
v. Filed: August 19, 2021
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 13, 2020, Denise Summer 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 a influenza (“flu”) vaccine administered on October
3, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
1 Because this unpublished opinion 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 opinion 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-00418-UNJ Document 35 Filed 09/20/21 Page 2 of 2
On August 19, 2021, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Rule 4(c) Report (ECF No. 31) at
1. Specifically, Respondent concludes that Petitioner’s claim meets the Table criteria for
SIRVA. 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-00418-1
Date issued/filed: 2021-10-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/22/2021) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00418-UNJ Document 41 Filed 10/27/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0418V
UNPUBLISHED
DENISE SUMMER, Chief Special Master Corcoran
Petitioner,
v. Filed: September 22, 2021
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision on Proffer; Table
Injury; Influenza (Flu); Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA).
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On April 13, 2020, Denise Summer 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 on
October 3, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
1 Because this unpublished opinion 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 opinion 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-00418-UNJ Document 41 Filed 10/27/21 Page 2 of 5
On August 19, 2021, I issued a ruling that Petitioner was entitled to compensation
for her SIRVA. ECF No. 33. On September 22, 2021, Respondent filed a proffer on an
award of compensation, to which Petitioner agrees. ECF No. 36 (attached hereto as
Exhibit A). 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 $65,350.07 (representing $65,000.00 for pain and suffering and
$350.07 for past unreimbursable expenses). 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-00418-UNJ Document 41 Filed 10/27/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
DENISE SUMMER, )
)
Petitioner, )
) No. 20-418V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 13, 2020, Denise Summer (“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 October 3, 2018. Petition at 1. On August 19, 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 the
same date, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 31 ECF No. 33.
Items of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $65,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00418-UNJ Document 41 Filed 10/27/21 Page 4 of 5
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 $350.07. 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.
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 $65,350.07, in the form of a
check payable to petitioner.
Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Denise Summer: $65,350.07
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-00418-UNJ Document 41 Filed 10/27/21 Page 5 of 5
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Lauren Kells
LAUREN KELLS
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) 616-4187
Email: Lauren.Kells@usdoj.gov
DATED: September 22, 2021
3