VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00637
Package ID: USCOURTS-cofc-1_20-vv-00637
Petitioner: Erin Carey
Filed: 2021-09-23
Decided: 2021-10-27
Vaccine: influenza
Vaccination date: 2018-10-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 90320

AI-assisted case summary:
Erin Carey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 24, 2018. The respondent conceded that Petitioner's claim met the Table criteria for SIRVA, that the case was timely filed, that the vaccine was received in the United States, and that Petitioner satisfied the statutory severity requirement. Based on the respondent's concession and the evidence of record, the Chief Special Master found Petitioner entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $90,320.00, comprised of $90,000.00 for pain and suffering and $320.00 for past unreimbursed expenses, to which Petitioner agreed. The court awarded Petitioner this lump sum payment as compensation for all damages available under Section 15(a).

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00637-0
Date issued/filed: 2021-10-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/23/2021) 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-00637-UNJ Document 38 Filed 10/27/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0637V
UNPUBLISHED
ERIN CAREY, Chief Special Master Corcoran
Petitioner, Filed: September 23, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 26, 2020, Erin Carey 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 that was administered
to her on October 24, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 23, 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, Respondent “concluded that petitioner’s claim meets the Table
criteria for SIRVA”. Id. at 3. Respondent further agrees that “the case was timely filed,
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-00637-UNJ Document 38 Filed 10/27/21 Page 2 of 2
that the vaccine was received in the United States, and that petitioner satisfied the
statutory severity requirement by suffering the residual effects or complications of her
injury for more than six months after vaccine administration”. Id. at 3-4.
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-00637-1
Date issued/filed: 2021-10-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/23/2021) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00637-UNJ Document 39 Filed 10/28/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0637V
UNPUBLISHED
ERIN CAREY, Chief Special Master Corcoran
Petitioner, Filed: September 23, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 26, 2020, Erin Carey 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 that was administered
to her on October 24, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 23, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On September 23, 2021, Respondent filed a Rule 4
report/proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be
awarded $90,320.00 (comprised of $90,000.00 for pain and suffering and $320.00 for
past unreimbursed expenses). Rule 4/Proffer at 1, 4. In the Rule 4/Proffer, Respondent
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-00637-UNJ Document 39 Filed 10/28/21 Page 2 of 2
represented that Petitioner agrees with the proffered award. Id. at 4. Based on the record
as a whole, I find that Petitioner is entitled to an award as stated in the Rule 4/Proffer.
Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum
payment of $90,320.00 (comprised of $90,000.00 for pain and suffering, and $320.00
for past 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 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