VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00659
Package ID: USCOURTS-cofc-1_20-vv-00659
Petitioner: Cheryl Fabian
Filed: 2020-05-29
Decided: 2022-04-08
Vaccine: influenza
Vaccination date: 2019-09-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 67724

AI-assisted case summary:
Cheryl Fabian filed a petition for compensation on May 29, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 24, 2019. The respondent filed a Rule 4(c) report on November 23, 2021, conceding entitlement to compensation. The respondent noted that Ms. Fabian had no prior history of shoulder issues, her symptoms occurred within 48 hours of the vaccination, her symptoms were localized to the vaccinated shoulder, and no other condition explained her symptoms. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 24, 2021, finding Ms. Fabian entitled to compensation. On March 7, 2022, the respondent filed a proffer recommending an award of $67,724.06, comprising $67,500.00 for pain and suffering and $224.06 for past unreimbursable medical expenses. The respondent stated that Ms. Fabian, a competent adult, agreed with the proffered award. Chief Special Master Corcoran issued a decision on April 8, 2022, awarding the proffered amount as a lump sum payment to Ms. Fabian. Petitioner counsel was Ronald Craig Homer. Respondent counsel was Althea Walker Davis.

Theory of causation field:
Petitioner Cheryl Fabian received an influenza vaccine on September 24, 2019, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, noting the absence of prior shoulder issues, symptom onset within 48 hours of vaccination, localization of symptoms to the vaccinated shoulder, and no other identified cause. The case falls under the "Table" category for SIRVA. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 24, 2021, and a decision awarding damages on April 8, 2022. The award was a lump sum of $67,724.06, consisting of $67,500.00 for pain and suffering and $224.06 for past unreimbursable medical expenses. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Althea Walker Davis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00659-0
Date issued/filed: 2022-01-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/24/2021) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00659-UNJ Document 36 Filed 01/05/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0659V
UNPUBLISHED
CHERYL FABIAN, Chief Special Master Corcoran
Petitioner, Filed: November 24, 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.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 29, 2020, Cheryl Fabian 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 she received on
September 24, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 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 states that “Petitioner had no relevant history of
pain, inflammation, or dysfunction in her left shoulder; her pain and reduced range of
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-00659-UNJ Document 36 Filed 01/05/22 Page 2 of 2
motion occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms
were limited to the shoulder in which the vaccine was administered; and no other condition
or abnormality was identified to explain her symptoms. Id. at 7. Respondent further agrees
that the scope of damages to be awarded is limited to Petitioner’s SIRVA and its related
sequelae only. 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
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00659-1
Date issued/filed: 2022-04-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/07/2022) 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-00659-UNJ Document 44 Filed 04/08/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0659V
UNPUBLISHED
CHERYL FABIAN, Chief Special Master Corcoran
Petitioner, Filed: March 7, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 29, 2020, Cheryl Fabian 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 she received on
September 24, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 24, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. ECF No. 31. On March 7, 2022, Respondent filed
a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$67,724.06, comprised of $67,500.00 for pain and suffering and $224.06 in
unreimbursable out-of-pocket medical expenses. Proffer at 1. In the 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-00659-UNJ Document 44 Filed 04/08/22 Page 2 of 4
represented that Petitioner 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 $67,724.06 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-00659-UNJ Document 44 Filed 04/08/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHERYL FABIAN, )
)
Petitioner, ) No. 20-659V
) Chief Special Master
v. ) Brian Corcoran
) SPU
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On May 29, 2020, Cheryl Fabian (“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. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on November 23, 2021. ECF No. 30. Based on
Respondent’s Rule 4(c) Report, on November 24, 2021, Chief Special Master Corcoran found
petitioner entitled to compensation for her left shoulder SIRVA injury. ECF No. 31.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$67,724.06. The award is comprised of $67,500.00 for petitioner’s pain and suffering and
$224.06 for past unreimbursable out-of-pocket medical expenses. This represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.

Case 1:20-vv-00659-UNJ Document 44 Filed 04/08/22 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $67,724.06, in the form of a check made payable to petitioner. 1
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy 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/Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
Althea.Davis@usdoj.gov
DATED: March 7, 2022
1 Should petitioner die prior to the 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