VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00773
Package ID: USCOURTS-cofc-1_20-vv-00773
Petitioner: Candice E. Hutchison
Filed: 2020-06-25
Decided: 2021-12-17
Vaccine: influenza
Vaccination date: 2018-11-24
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 78168

AI-assisted case summary:
Candice E. Hutchison filed a petition for compensation on June 25, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 24, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 27, 2021, conceding that Ms. Hutchison's claim met the Table criteria for SIRVA and that she was entitled to compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 1, 2021, finding Ms. Hutchison eligible for compensation. Subsequently, on November 16, 2021, the respondent filed a proffer on an award of compensation, to which Ms. Hutchison agreed. On December 17, 2021, Chief Special Master Corcoran issued a Decision on Damages. Based on the agreed-upon proffer, Ms. Hutchison was awarded a lump sum payment of $78,168.06. This award included $77,500.00 for pain and suffering and $668.06 for past unreimbursable expenses. The decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was represented by Miriam A. Johnson of Berman & Simmons, PA, and respondent was represented by James Vincent Lopez of the U.S. Department of Justice.

Theory of causation field:
Petitioner Candice E. Hutchison alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on November 24, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. The case proceeded to a ruling on entitlement, issued by Chief Special Master Brian H. Corcoran on November 1, 2021, finding petitioner entitled to compensation. A subsequent decision on damages, issued by Chief Special Master Corcoran on December 17, 2021, awarded petitioner a lump sum of $78,168.06, based on a proffer agreed to by both parties. This award consisted of $77,500.00 for pain and suffering and $668.06 for past unreimbursable expenses. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings beyond the concession of a Table injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00773-0
Date issued/filed: 2021-12-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/01/2021) 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-00773-UNJ Document 35 Filed 12/03/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0773V
UNPUBLISHED
CANDICE E. HUTCHISON, Chief Special Master Corcoran
Petitioner,
v. Filed: November 1, 2021
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Miriam A. Johnson, Berman & Simmons, PA, Lewiston, ME, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 25, 2020, Candice E. Hutchison 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on
November 24, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On October 27, 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
(ECF No. 29) at 1. Specifically, Respondent concludes that Petitioner’s claim meets the
Table criteria for SIRVA. Id. at 6 (citing 42 C.F.R. §§ 100.3(a), (c)(10)).
1 Because this unpublished opinion 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 opinion will be available to anyone with access to the internet.
In accordance with Vaccine Rule 18(b), Petitioners have 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-00773-UNJ Document 35 Filed 12/03/21 Page 2 of 2
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-00773-1
Date issued/filed: 2021-12-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/16/2021) 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-00773-UNJ Document 37 Filed 12/17/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0773V
UNPUBLISHED
CANDICE E. HUTCHISON, Chief Special Master Corcoran
Petitioner,
v. Filed: November 16, 2021
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision on Proffer;
Concession; Table Injury; Influenza
Respondent. (Flu); Shoulder Injury Related to
Vaccine Administration (SIRVA).
Miriam A. Johnson, Berman & Simmons, PA, Lewiston, ME, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On June 25, 2020, Candice E. Hutchison 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on
November 24, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
1 Because this unpublished opinion 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 opinion 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-00773-UNJ Document 37 Filed 12/17/21 Page 2 of 5
On November 1, 2021, I issued a ruling that Petitioner was entitled to
compensation for her SIRVA. ECF No. 31. On November 16, 2021, Respondent filed a
proffer on an award of compensation, to which Petitioner agrees. ECF No. 33 (attached
hereto as Exhibit A). 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 $78,168.06 (representing $77,500.00 in pain and suffering, and
$668.06 for past unreimbursable expenses). 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-00773-UNJ Document 37 Filed 12/17/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
CANDICE E. HUTCHISON, )
)
Petitioner, )
) No. 20-773V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 25, 2020, Candice Hutchison (“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 (“flu”) vaccine she received on November 24, 2018. On October 27, 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 November 1, 2021, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 29; ECF No. 31.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $77,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00773-UNJ Document 37 Filed 12/17/21 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 $668.06. 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 $78,168.06, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Candice Hutchison: $78,168.06
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-00773-UNJ Document 37 Filed 12/17/21 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s James V. Lopez .
JAMES V. LOPEZ
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3655
Fax: (202) 616-4310
Email: james.lopez@usdoj.gov
Date: November 16, 2021
3