VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00445
Package ID: USCOURTS-cofc-1_20-vv-00445
Petitioner: Mary Beth Neiman
Filed: 2021-09-08
Decided: 2022-03-03
Vaccine: influenza
Vaccination date: 2018-10-26
Condition: left shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 56859

AI-assisted case summary:
Mary Beth Neiman filed a petition on April 16, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 26, 2018. The respondent filed a Rule 4(c) report on September 7, 2021, conceding that the petitioner met the criteria for SIRVA as a Table injury and did not contest entitlement to compensation. Based on this concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 8, 2021, finding Ms. Neiman entitled to compensation. Subsequently, on January 28, 2022, the respondent filed a proffer on award of compensation, indicating that the petitioner agreed to an award of $56,859.63. This amount comprised $55,000.00 for pain and suffering and $1,859.63 for unreimbursed expenses. Chief Special Master Corcoran issued a decision awarding damages on March 3, 2022, granting the proffered award. Ms. Neiman is a competent adult. Petitioner counsel was Amy A. Senerth of Muller Brazil, LLP, and respondent counsel was Mark Kim Hellie of the U.S. Department of Justice.

Theory of causation field:
Petitioner Mary Beth Neiman alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 26, 2018. The respondent conceded that the petitioner met the criteria for SIRVA as a Table injury. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 8, 2021, finding Petitioner entitled to compensation. A subsequent decision on March 3, 2022, awarded $56,859.63, consisting of $55,000.00 for pain and suffering and $1,859.63 for unreimbursed expenses, based on a proffer agreed to by both parties. Petitioner counsel was Amy A. Senerth, and respondent counsel was Mark Kim Hellie. The public decision does not describe the specific mechanism of injury or detail expert testimony.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00445-0
Date issued/filed: 2021-10-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/08/2021) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00445-UNJ Document 31 Filed 10/08/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0445V
UNPUBLISHED
MARY BETH NEIMAN, Chief Special Master Corcoran
Petitioner, Filed: September 8, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 16, 2020, Mary Beth Neiman 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 that she suffered from a left shoulder injury related
to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that was
administered to her on October 26, 2018. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 7, 2021, Respondent filed his Rule 4(c) report in which he states
that he does not contest that Petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report at 1. Specifically, Respondent states that “petitioner has
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-00445-UNJ Document 31 Filed 10/08/21 Page 2 of 2
satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications
and Aids to Interpretation (“QAI”) for SIRVA”. Id. at 5.
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-00445-1
Date issued/filed: 2022-03-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/28/2022) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00445-UNJ Document 41 Filed 03/03/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-445V
UNPUBLISHED
MARY BETH NEIMAN, Chief Special Master Corcoran
Petitioner, Filed: January 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 16, 2020, Mary Beth Neiman 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 (“flu”) vaccine administered on October
26, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On September 8, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On January 28, 2022, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $56,859.63
(comprised of $55,000.00 in pain and suffering and $1,859.63 for unreimbursed
expenses). Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees
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-00445-UNJ Document 41 Filed 03/03/22 Page 2 of 5
with the 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 $56,859.63 (comprised of $55,000.00 in pain and suffering and
$1,859.63 for unreimbursed expenses) 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-00445-UNJ Document 41 Filed 03/03/22 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
MARY BETH NEIMAN,
Petitioner,
Case No. 20-445V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On September 7, 2021, respondent filed a Vaccine Rule 4(c) report concluding
that Mary Beth Neiman (“petitioner”) suffered an injury that is compensable under the
National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -
34 (“the Act”). Accordingly, on September 8, 2021, the Chief Special Master issued a
Ruling on Entitlement, finding that petitioner was entitled to compensation under the Act.
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $56,859.63. The award is comprised of the following: $55,000.00 for pain and
suffering and $1,859.63 for unreimbursed, out-of-pocket medical expenses. This amount
represents all elements of compensation to which petitioner would be entitled under

Case 1:20-vv-00445-UNJ Document 41 Filed 03/03/22 Page 4 of 5
42 U.S.C. § 300aa-15(a) regarding her October 26, 2018, influenza vaccination.
Petitioner agrees.1
III. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $56,859.63, 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
ALEXIS B. BABCOCK
Assistant 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 medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:20-vv-00445-UNJ Document 41 Filed 03/03/22 Page 5 of 5
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: January 28, 2022
3