VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00435
Package ID: USCOURTS-cofc-1_20-vv-00435
Petitioner: Allison Trop
Filed: 2020-04-14
Decided: 2022-03-01
Vaccine: influenza
Vaccination date: 2018-10-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 62500

AI-assisted case summary:
Allison Trop filed a petition for compensation under the National Vaccine Injury Compensation Program on April 14, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 8, 2018. The respondent filed a Rule 4(c) report on October 18, 2021, conceding that Ms. Trop's claim met the Table criteria for SIRVA and that she was entitled to compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 19, 2021, finding Ms. Trop entitled to compensation. Subsequently, on January 24, 2022, the respondent filed a proffer on an award of compensation, which Ms. Trop agreed to. Chief Special Master Corcoran issued a Decision on Damages on March 1, 2022, awarding Ms. Trop a lump sum payment of $62,500.00 for all damages. The decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was represented by Howard Scott Gold of Gold Law Firm, LLC, and later Howard Scott Gold, Sudbury, MA. Respondent was represented by Traci R. Patton of the U.S. Department of Justice.

Theory of causation field:
Petitioner Allison Trop alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 8, 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 October 19, 2021, finding entitlement. A subsequent Proffer on Award of Compensation, agreed to by the petitioner, was filed by the respondent on January 24, 2022. Chief Special Master Corcoran issued a Decision on Damages on March 1, 2022, awarding a lump sum of $62,500.00 for all damages, representing pain and suffering. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings beyond the concession to the Table criteria for SIRVA. Petitioner's counsel was Howard Scott Gold, and respondent's counsel was Traci R. Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00435-0
Date issued/filed: 2021-11-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/19/2021) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00435-UNJ Document 38 Filed 11/24/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0435V
UNPUBLISHED
ALLISON TROP, Chief Special Master Corcoran
Petitioner,
v. Filed: October 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).
Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 14, 2020, Allison Trop 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on
October 8, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On October 18, 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
(ECF No. 33) at 1. Specifically, Respondent concludes that Petitioner’s claim meets the
Table criteria for SIRVA. Id. at 6 (citing 42 C.F.R. §§ 100.3(a), (c)(10)).
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), Petitioners have 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-00435-UNJ Document 38 Filed 11/24/21 Page 2 of 2
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-00435-1
Date issued/filed: 2022-03-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/24/2022) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00435-UNJ Document 45 Filed 03/01/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0435V
UNPUBLISHED
ALLISON TROP, Chief Special Master Corcoran
Petitioner,
v. Filed: January 24, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision on Proffer;
Concession; Table Injury; Influenza
Respondent. (Flu); Shoulder Injury Related to
Vaccine Administration (SIRVA).
Howard Scott Gold, Sudbury, MA, for Petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On April 14, 2020, Allison Trop 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on
October 8, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On October 19, 2021, I issued a ruling that Petitioner was entitled to compensation
for her SIRVA. ECF No. 34. On January 24, 2022, Respondent filed a proffer on an award
of compensation, to which Petitioner agrees. ECF No. 40 (attached hereto as Exhibit A).
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), Petitioners have 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-00435-UNJ Document 45 Filed 03/01/22 Page 2 of 4
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 $62,500.00. 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-00435-UNJ Document 45 Filed 03/01/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ALLISON TROP,
)
)
Petitioner,
) No. 20-435V
v.
) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN
) SPU
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 14, 2020, Allison Trop (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
34 (“Vaccine Act” or “Act”), as amended. 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 8, 2018. On October 18, 2021, respondent filed his Vaccine Rule
4(c) report, recommending that compensation be awarded. On October 19, 2021, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $62,500.00 in pain and suffering
damages. This 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

Case 1:20-vv-00435-UNJ Document 45 Filed 03/01/22 Page 4 of 4
the Court’s judgment award the following1: a lump sum payment of $62,500.00, in the form of a
check payable to petitioner, Allison Trop.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Allison Trop: $62,500.00.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Traci R. Patton
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 353-1589
Dated: January 24, 2022
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