VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00629
Package ID: USCOURTS-cofc-1_20-vv-00629
Petitioner: Michele Wenclawiak
Filed: 2020-05-21
Decided: 2022-03-03
Vaccine: influenza
Vaccination date: 2018-10-01
Condition: severe left shoulder pain, tingling, numbness, weakness and decreased range of motion
Outcome: compensated
Award amount USD: 82500

AI-assisted case summary:
Michele Wenclawiak filed a petition for compensation under the National Vaccine Injury Compensation Program on May 21, 2020, alleging that she suffered severe left shoulder pain, tingling, numbness, weakness, and decreased range of motion caused by an influenza vaccine she received on October 1, 2018. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation for a Table SIRVA, noting that her pain occurred within 48 hours of vaccination, was limited to the shoulder of injection, and that no other condition explained the pain. The ruling on entitlement was issued on November 2, 2021, finding Petitioner entitled to compensation. Subsequently, on January 31, 2022, Respondent filed a proffer on award of compensation, recommending $82,500.00 for pain and suffering, which Petitioner agreed to. The decision awarding damages was issued on March 3, 2022, granting Petitioner a lump sum payment of $82,500.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00629-0
Date issued/filed: 2021-12-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/02/2021) 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-00629-UNJ Document 37 Filed 12/03/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0629V
UNPUBLISHED
MICHELE WENCLAWIAK, Chief Special Master Corcoran
Petitioner, Filed: November 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)
Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 21, 2020, Michele Wenclawiak 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 from “severe left shoulder pain,
tingling, numbness, weakness and decreased range of motion, which was caused in fact”
by an influenza (“flu”) vaccine she received on October 1, 2018. Petition at 1. 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-00629-UNJ Document 37 Filed 12/03/21 Page 2 of 2
On November 1, 2021, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation for a Table SIRVA.3 Respondent’s Rule 4(c)
Report at 1. Specifically, Respondent states that Petitioner had no pre-vaccination history
of pain, inflammation, or dysfunction of her left shoulder; Petitioner’s pain occurred within
48 hours after receipt of an intramuscular vaccination; Petitioner’s pain and reduced
range of motion were limited to the shoulder in which the vaccine was administered; and
no other condition or abnormality has been identified to explain Petitioner’s shoulder pain.
Id. at 9. Respondent further agrees that Petitioner suffered the residual effects of her
condition for more than six months. 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
3 Because Respondent has determined that Petitioner meets the criteria for establishing a presumed
SIRVA under the Vaccine Injury Table, there is no need to address Petitioner’s “causation-in-fact”
allegation.
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00629-1
Date issued/filed: 2022-03-03
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/01/2022) regarding 40 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00629-UNJ Document 44 Filed 03/03/22 Page 1 of 4
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0629V
UNPUBLISHED
MICHELE WENCLAWIAK, Chief Special Master Corcoran
Petitioner, Filed: February 1, 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)
Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 21, 2020, Michele Wenclawiak 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 from “severe left shoulder pain,
tingling, numbness, weakness and decreased range of motion, which was caused in fact”
by an influenza (“flu”) vaccine she received on October 1, 2018. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On November 2, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a left SIRVA. ECF 34. On January 31, 2022, Respondent
filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be
awarded $82,500.00. Proffer at 1. In the Proffer, Respondent represented that Petitioner
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-00629-UNJ Document 44 Filed 03/03/22 Page 2 of 4
agrees 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 $82,500.00 for pain and suffering 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-00629-UNJ Document 44 Filed 03/03/22 Page 3 of 4
CORRECTED
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHELE WENCLAWIAK,
Petitioner,
No. 20-629V
v. Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 21, 2020, Michele Wenclawiak (“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”), as amended. Petitioner alleges that she suffers from “severe left shoulder pain,
tingling, numbness, weakness and decreased range of motion, which was caused in fact” by an
influenza (“flu”) vaccine she received on October 1, 2018. Petition at 1.
On November 1, 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 shoulder injury related to vaccine administration (“SIRVA”) Table injury, and on
November 2, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF Nos. 33 and 34.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $82,500.00 for pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This amount represent all elements of
compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

Case 1:20-vv-00629-UNJ Document 44 Filed 03/03/22 Page 4 of 4
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
the Court’s judgment award the following: a lump sum payment of $82,500.00, in the form of a
check payable to petitioner.1
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Michele Wenclawiak: $82,500.00
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: January 31, 2022 Email: adriana.teitel@usdoj.gov
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