VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00725
Package ID: USCOURTS-cofc-1_20-vv-00725
Petitioner: Stacey Hospes
Filed: 2020-06-15
Decided: 2022-02-14
Vaccine: influenza
Vaccination date: 2018-11-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 53807

AI-assisted case summary:
On June 15, 2020, Stacey Hospes filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed in the Vaccine Injury Table, as a result of an influenza vaccination she received on November 16, 2018. The petition stated that the vaccine was administered in the United States, that the residual effects of her injury lasted for more than six months, and that no prior civil action award or settlement had been made on her behalf. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 7, 2021, conceding that Ms. Hospes's claim met the Table criteria for SIRVA and that she was entitled to compensation. The respondent noted that Ms. Hospes had no prior history of shoulder pain or dysfunction that would explain her symptoms, that the onset of pain occurred within 48 hours of vaccination, and that the pain and reduced range of motion were limited to the vaccinated shoulder. The respondent also agreed that the case was timely filed, the vaccination occurred in the United States, and the statutory severity requirement was met. Based on the respondent's concession, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 12, 2021, finding Ms. Hospes entitled to compensation. Subsequently, on January 12, 2022, the respondent filed a proffer on the award of compensation. Ms. Hospes was awarded a total of $53,807.01, consisting of $52,500.00 for pain and suffering and $1,307.01 for past unreimbursable expenses. This award was presented as a lump sum payment to Ms. Hospes. The decision was issued on February 14, 2022. Petitioner's counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent's counsel was Catherine Elizabeth Stolar of the U.S. Department of Justice.

Theory of causation field:
Stacey Hospes filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on November 16, 2018. The respondent conceded entitlement to compensation, agreeing that the claim met the Table criteria for SIRVA. The respondent's review indicated no prior history of shoulder issues, onset of pain within 48 hours of vaccination, pain and reduced range of motion limited to the vaccinated shoulder, and no other condition explaining the symptoms, thus establishing a presumption of vaccine causation under 42 C.F.R. § 100.3(a), (c)(10). The case was timely filed, vaccination occurred in the U.S., and the injury had residual effects for more than six months. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 12, 2021. A subsequent decision on February 14, 2022, awarded Stacey Hospes $53,807.01, comprising $52,500.00 for pain and suffering and $1,307.01 for past unreimbursable expenses, based on a proffer agreed to by both parties. Petitioner's counsel was Bridget Candace McCullough, and respondent's counsel was Catherine Elizabeth Stolar.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00725-0
Date issued/filed: 2021-11-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/12/2021) 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-00725-UNJ Document 36 Filed 11/22/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-725V
UNPUBLISHED
STACEY HOSPES, Chief Special Master Corcoran
Petitioner, Filed: October 12, 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)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On June 15, 2020, Stacey Hospes 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 Table injury – shoulder injury related
to vaccine administration (“SIRVA”) – as a result of her November 16, 2018 influneza
(“flu) vaccination. Petition at 1. Petitioner further alleges the vaccine was administered
within the United States, that she suffered the residual effects of her injury for more than
six months, and that there has been no prior award or settlement of a civil action on her
behalf as a result of her injury. See Petition ¶¶ 2, 14-16. 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-00725-UNJ Document 36 Filed 11/22/21 Page 2 of 2
On October 7, 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 indicates that
[m]edical personnel at DICP [Division of Injury Compensation Programs,
Department of Health and Human Services] have reviewed the facts of this
case and concluded that petitioner’s claim meets the Table criteria for
SIRVA. Specifically, petitioner had no history of pain, inflammation or
dysfunction of the affected shoulder prior to her vaccination that would
explain the alleged symptoms and examination findings occurring after
vaccine injection; she more likely than not suffered the onset of pain within
forty-eight hours of vaccine administration; her pain and reduced range of
motion were limited to the shoulder in which the vaccine was administered;3
and there is no other condition or abnormality present that would explain
petitioner’s symptoms. 42 C.F.R. § 100.3(a), (c)(10). Therefore, petitioner
is entitled to a presumption of vaccine causation.
Id. at 5-6. Respondent further agrees that
this case was timely filed, that petitioner received her vaccination in the
United States, and that petitioner satisfies the statutory severity requirement
by suffering the residual effects or complications of her injury for more than
six months after vaccine administration. See 42 U.S.C. §§ 300aa-
11(c)(1)(D)(i). Thus, in light of the information contained in petitioner’s
medical records, respondent concedes that entitlement to compensation is
appropriate under the terms of the Vaccine Act.
Id. at 6.
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 Respondent notes in his Rule 4 (c) Report that “[a]lthough petitioner did not file any records
documenting the site of vaccine administration, she consistently reported symptoms in her left shoulder
and attributed these symptoms to her vaccination.” Respondent’s Rule 4(c) Report at 6 n6 (citing Pet.
Exs. 2-3).
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00725-1
Date issued/filed: 2022-02-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/13/2022) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (jas) Service on parties made.
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Case 1:20-vv-00725-UNJ Document 44 Filed 02/14/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-725V
UNPUBLISHED
STACEY HOSPES, Chief Special Master Corcoran
Petitioner, Filed: January 13, 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)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On June 15, 2020, Stacey Hospes 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 Table injury – Shoulder Injury
Related to Vaccine Administration (SIRVA) – as a result of her November 16, 2018
influenza (“flu) vaccination. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 12, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On January 12, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $52,500.00 for pain
and suffering and $1,307.01 for past unreimbursable expenses. Proffer at 1-2. In the
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-00725-UNJ Document 44 Filed 02/14/22 Page 2 of 5
Proffer, Respondent 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 $53,807.01 (representing $52,500.00 for pain and suffering and
$1,307.01 for past unreimbursable 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

Case 1:20-vv-00725-UNJ Document 44 Filed 02/14/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
STACEY HOSPES, )
)
Petitioner, ) No. 20-725V
) Chief Special Master Corcoran
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 15, 2020, Stacey Hospes (“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”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine she received on November 16, 2018. Petition at 1. On October 7, 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 SIRVA Table injury, and on
October 12, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 32; ECF No. 33.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $52,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00725-UNJ Document 44 Filed 02/14/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,307.01. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These 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
the Court’s judgment award the following1: a lump sum payment of $53,807.01, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Stacey Hospes: $53,807.01
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
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

Case 1:20-vv-00725-UNJ Document 44 Filed 02/14/22 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Catherine E. Stolar
CATHERINE E. STOLAR
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 353-3299
Fax: (202) 616-4310
Email: catherine.stolar@usdoj.gov
DATED: January 12, 2022
3