VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00779
Package ID: USCOURTS-cofc-1_20-vv-00779
Petitioner: Brianna Meyers
Filed: 2020-06-26
Decided: 2024-05-08
Vaccine: influenza
Vaccination date: 2017-10-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 126806

AI-assisted case summary:
Brianna Meyers filed a petition for compensation under the National Vaccine Injury Compensation Program on June 26, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 12, 2017. The respondent filed a Rule 4(c) report on August 19, 2021, conceding that Petitioner is entitled to compensation and agreeing that she suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 9, 2021, finding Petitioner entitled to compensation. The parties were unable to reach an agreement on damages, and briefs were filed on October 24, 2022. On January 12, 2024, Chief Special Master Corcoran issued a decision finding Petitioner entitled to $125,000.00 for pain and suffering, deferring a ruling on lost wages and out-of-pocket expenses. On March 4, 2024, the parties filed a status report indicating they had agreed on recommended compensation. The parties stipulated to a total award of $126,806.08, consisting of $125,000.00 for pain and suffering and $1,806.08 for out-of-pocket expenses. No award was made for lost wages. Chief Special Master Corcoran issued a Decision Awarding Damages on May 8, 2024, awarding Petitioner a lump sum payment of $126,806.08 in the form of a check payable to Petitioner. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP. Respondent was represented by Laurie Wiesner and later Debra A. Filteau Begley of the U.S. Department of Justice. The case was decided by Chief Special Master Brian H. Corcoran.

Theory of causation field:
Petitioner Brianna Meyers filed a petition on June 26, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 12, 2017. Respondent conceded entitlement, agreeing Petitioner suffered a SIRVA as defined by the Vaccine Injury Table. The case proceeded to damages, and the parties stipulated to an award. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 9, 2021, finding Petitioner entitled to compensation. A subsequent decision on January 12, 2024, awarded $125,000.00 for pain and suffering, deferring other damages. On May 8, 2024, Chief Special Master Corcoran issued a final decision awarding a total of $126,806.08, comprising $125,000.00 for pain and suffering and $1,806.08 for out-of-pocket expenses, with no award for lost wages. Petitioner was represented by Leigh Finfer (Muller Brazil, LLP), and Respondent was represented by Laurie Wiesner and Debra A. Filteau Begley (U.S. Department of Justice). The theory of causation is based on the Vaccine Injury Table (SIRVA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00779-0
Date issued/filed: 2021-10-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/09/2021) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00779-UNJ Document 31 Filed 10/13/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-779V
UNPUBLISHED
BRIANNA MEYERS, Chief Special Master Corcoran
Petitioner, Filed: September 9, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Laurie Wiesner, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 26, 2020, Brianna Meyers 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 that she suffered a left shoulder injury related to
vaccine administration (“SIRVA”) following an influenza “flu”) vaccine administered on
October 12, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On August 19, 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 has concluded that Petitioner suffered a SIRVA of the left
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-00779-UNJ Document 31 Filed 10/13/21 Page 2 of 2
shoulder as defined by the Vaccine Injury Table. Id. at 4. Respondent further agrees that
Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. 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-00779-1
Date issued/filed: 2024-02-20
Pages: 7
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/12/2024) regarding 48 Findings of Fact & Conclusions of Law. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-00779-UNJ Document 50 Filed 02/20/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-779V
UNPUBLISHED
BRIANNA MEYERS, Chief Special Master Corcoran
Petitioner, Filed: January 12, 2024
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on the Record; Influenza
HUMAN SERVICES, (Flu); Shoulder Injury Related to
Vaccine Administration (SIRVA)
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DAMAGES RULING1
On June 26, 2020, Brianna Meyers 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”) caused by an influenza (“flu”) vaccine administered on October
12, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters (the “SPU”), and entitlement was found in the Petitioner’s favor
on September 9, 2021. The parties reached on impasse on the appropriate award for pain
1 Because this unpublished ruling contains a reasoned explanation for the action taken in this case, it must
be made publicly accessible and will be posted on the United States Court of Federal Claims' website,
and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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-00779-UNJ Document 50 Filed 02/20/24 Page 2 of 7
and suffering from Ms. Meyers’ injury, however, and were therefore ordered in July 2022
to brief damages.
For the reasons described below I find that Petitioner is entitled to $125,000.00 in
damages, representing compensation for actual pain and suffering. I defer resolution of
other damages components at this time.
I. Petitioner’s Medical Records
A complete recitation of the facts can be found in the Petition, the parties’
respective briefs, and in Respondent’s Rule 4(c) Report.
Petitioner received the flu vaccine on October 12, 2018, in her left shoulder. Ex. 1
at 1. She first reported severe left shoulder pain with range of motion October 16, 2018,
to Dr. Jeffery Robinson. Ex. 2 at 73. X-rays were taken, but unremarkable. Id. at 105. She
was diagnosed with suspected rotator cuff impingement. Id. at 77. On October 29, 2018,
Petitioner again complained of significant pain as a result of the flu vaccine, rating it as
seven out of ten. Id. at 72. She was diagnosed with post-immunization arthritis and
prescribed prednisone. Id.
Petitioner returned to Dr. Robinson on November 16, 2018. Petitioner now
reported pain from the left elbow to her neck, especially with range of motion. Id. at 69.
Petitioner reported that the prednisone significantly improved her pain, but it returned “not
quite as severe” as soon as she stopped taking it. Id. Dr. Robinson noted “[p]resume
[Petitioner] is having a peripheral neuropathy causing her pain. Unclear if this is
secondary to the actual injection or immune reaction to the injection….” Id. An MRI
performed on November 12, 2018, showed no rotator cuff or labral pathology, but
increased fluid in the bursa. Ex. 2 at 65.
On November 26, 2018, Petitioner presented to Dr. Richard Stanley, an
orthopedist. Ex. 2 at 62. An examination showed mild limitations with terminal range of
motion in her left shoulder. Id. at 65. Dr. Stanley noted that Petitioner’s symptoms were
consistent with early adhesive capsulitis. Id. at 62. Petitioner also received a
corticosteroid injection. Id. at 65.
Petitioner saw Physician Assistant (“PA”) John Navarro on December 28, 2018,
for an orthopedic follow-up. Ex. 2 at 59. Petitioner reported persistent throbbing pain in
her shoulder, and very little improvement after the steroid injection. An examination
showed mild limitations with terminal range of motion secondary to Petitioner’s
discomfort. Id. at 61. A second steroid injection was administered. Id. at 61-62.
2

Case 1:20-vv-00779-UNJ Document 50 Filed 02/20/24 Page 3 of 7
On February 18, 2019, Petitioner saw Dr. Stanley and reported a “dramatic
improvement” after her second injection. Ex. 2 at 58. She reported minimal residual night
pain symptoms and significantly improved range of motion. Id.
Petitioner returned to PA Navarro on March 18, 2019. Ex. 2 at 52, 54. She reported
mild to moderate recurrence of left shoulder pain and received a third steroid injection. Id.
at 55. Petitioner reported minimal relief on April 29, 2019, and received a fourth steroid
injection. Id. at 47.
On June 10, 2019, Petitioner returned to Dr. Stanley, reporting minimal
improvement. Ex. 2 at 40. She also reported pain with activates over her head. Id. at 43.
Tramadol was prescribed for pain relief.
A second MRI was performed on June 25, 2019. Ex. 2 at 103. It showed a low-
grade interstitial partial thickness tear of the supraspinatus tendon, mild tendinosis, and
trace fluid in the bursa. Id. at 102-03.
Petitioner discussed the MRI findings with Dr. Stanley on June 27, 2019. Ex. 2 at
34. At that time, she reported progressive left shoulder pain, rated as seven out of ten. Id.
at 36. An examination showed decreased range of motion, mildly positive Hawkins test,
tenderness to palpation along the bicipital groove and along the anterior left glenohumeral
joint. Id.
On July 12, 2019, Petitioner underwent left shoulder arthroscopic labral repair,
subacromial decompression, and a partial acromioplasty. Ex. 2 at 31. Thereafter, she
attended twenty one physical therapy sessions (between September 17, 2019 and
February 27, 2020). Ex. 3 at 5-48. Her condition improved, and by October 17, 2019, she
reported that her shoulder was “doing pretty good” and her night pain was “pretty much
gone.” Id. at 22. By the end of October, Petitioner’s pain was reported as three out of ten,
ad she felt that she had improved overall. Id. at 26; Ex. 2 at 11, 13. She noted general
improvement with soreness and movement, but also described “residual left shoulder
discomfort after a day of work as a dental hygienist.” Id.
Petitioner’s last physical therapy session occurred on February 27, 2020. Ex. 3 at
47. Petitioner still was experiencing “considerable scap[ular] weakness”. Id. She reported
no pain at that time, but three out of ten at worst. Id. Petitioner returned to Dr. Stanley on
December 4, 2020, for left shoulder arthroscopy with revisional labral repair. Ex. 9 at 10.
Records related to this procedure, including those prior to and after surgery, were not
submitted.
3

Case 1:20-vv-00779-UNJ Document 50 Filed 02/20/24 Page 4 of 7
II. Affidavit Evidence
Petitioner submitted a statement in support of her claim. Ex. A. In it she describes
her injury and course or treatment, and how her injury impacted her life. She rated her
pain as between three and eight out of ten. Id. at 2. Further, Petitioner described how her
injury impacted her career, and that the need for additional surgery will significantly impact
her earning ability. Id. at 3.
III. Damages
The parties filed memoranda in support of their respective damages positions on
October 24, 2022. Petitioner is seeking $205,000.00 for pain and suffering, plus
$2,767.46 for unreimbursed expenses, and $23,748.88.00 in lost earnings. Petitioner’s
Brief in Support of Damages (“Br.”), ECF No. 46. Respondent reacted, arguing that
$107,500.00 is an appropriate amount for pain and suffering. Respondent also argues
that Petitioner’s records only support $1,982.78 for unreimbursed expenses, but does not
support any awards for lost earnings. Respondent’s Damages Brief (“Opp.”), ECF No. 45.
IV. Legal Standards for Damages Awards
In several recent decisions, I have discussed at length the legal standard to be
considered in determining damages and prior SIRVA compensation within the SPU. I fully
adopt and hereby incorporate my prior discussion in Sections III and IV of Leslie v. Sec’y
Health & Hum. Servs., No. 18-0039V, 2021 WL 837139 (Fed. Cl. Spec. Mstr. Jan. 28,
2021) and Johnson v. Sec’y of Health & Hum. Servs., No. 18-1486V, 2021 WL 836891
(Fed. Cl. Spec. Mstr. Jan. 25, 2021), as well as Sections II and III of Tjaden v. Sec’y of
Health & Hum. Servs., No. 19-419V, 2021 WL 837953 (Fed. Cl. Spec. Mstr. Jan. 25,
2021).
In sum, compensation awarded pursuant to the Vaccine Act shall include “[f]or
actual and projected pain and suffering and emotional distress from the vaccine-related
injury, an award not to exceed $250,000.” Section 15(a)(4). The petitioner bears the
burden of proof with respect to each element of compensation requested. Brewer v. Sec’y
of Health & Hum. Servs., No. 93-0092V, 1996 WL 147722, at *22-23 (Fed. Cl. Spec. Mstr.
Mar. 18, 1996). Factors to be considered when determining an award for pain and
4

Case 1:20-vv-00779-UNJ Document 50 Filed 02/20/24 Page 5 of 7
suffering include: 1) awareness of the injury; 2) severity of the injury; and 3) duration of
the suffering.3
V. Appropriate Compensation for Pain and Suffering
In this case, awareness of the injury is not disputed, leaving only the severity and
duration of that injury to be considered. In determining appropriate compensation for pain
and suffering, I have carefully reviewed and taken into account the complete record in
this case, including all medical records, declarations, plus all filings submitted by both
Petitioner and Respondent. I have also considered prior awards for pain and suffering in
both SPU and non-SPU SIRVA cases and relied upon my experience adjudicating these
cases. However, my determination is ultimately based upon the specific circumstances
of this case.
Ms. Meyers asserts that the severity of her injury is comparable to cases awarding
$200,000.00 for pain and suffering. Schoonover v. Sec’y of Health & Human Servs.,
No.16-1324V, 2020 WL 5351341 (Fed. Cl. Aug. 5, 2020) (awarding $200,000 in pain and
suffering); Meirndorf v. Sec’y of Health and Hum. Servs., No. 19-1876V, 2022 WL
1055475 (Fed. Cl. Spec. Mstr. March 7, 2022) (awarding $200,000 for pain and suffering).
In particular, she emphasizes that she suffered a moderate SIRVA with significant pain,
and treated through twenty physical therapy sessions, four steroid injections, and two
surgeries. Br. at 5-6. She also stated that her shoulder injury has drastically impacted her
career as a dental hygienist. Ex. A at 2-3. She therefore deems $190,000.00 a fair sum
for actual pain and suffering.
Respondent, by contrast, submits that an award of $107,500.00 is appropriate.
Opp. at 8-13. Respondent notes that Petitioner’s course of treatment was predominantly
moderate. Further, Respondent argues that Petitioner’s second arthroscopic procedure
may not be treatment oriented to the vaccine injury. Id. at 11-12. Respondent cites to two
cases wherein Petitinoer was awarded less than $100,000.00 for a SIRVA. Shelton v.
Sec’y of Health and Hum. Servs., No. 19-279V, 2021 WL 2550093 (Fed. Cl. Spec. Mstr.
May 21, 2021) (awarding $97,500.00 for pain and suffering); Hunt v. Sec’y of Health and
Hum. Servs., No. 19-1003V, 2022 WL 2826662 (Fed. Cl. Spec. Mstr. Jun. 16, 2022).
Based on the medical records, I conclude that Ms. Meyers suffered a moderate
SIRVA for approximately sixteen months. She sought treatment soon after her
vaccination, and initially her pain was mostly reported as moderate to severe (seven-to-
3 I.D. v. Sec’y of Health & Hum. Servs., No. 04-1593V, 2013 WL 2448125, at *9 (Fed. Cl. Spec. Mstr. May
14, 2013) (quoting McAllister v. Sec’y of Health & Hum. Servs., No 91-1037V, 1993 WL 777030, at *3 (Fed.
Cl. Spec. Mstr. Mar. 26, 1993), vacated and remanded on other grounds, 70 F.3d 1240 (Fed. Cir. 1995)).
5

Case 1:20-vv-00779-UNJ Document 50 Filed 02/20/24 Page 6 of 7
eight out of ten) for the first several months with periods of relief from steroid injections
and medications. Petitioner’s initial, conservative treatment was unsuccessful, and she
ultimately underwent surgery in July of 2019.
Petitioner made good progress in her recovery, and by October her pain was
reportedly mild (three out of ten), and primarily gone by February 27, 2020. Ex. 3 at 26,
47. Her course of treatment consisted of two MRIs, four steroid injections, arthroscopic
surgery, and twenty-one physical therapy sessions. Petitioner also asserts that a second
surgery was needed to correct a revisional labral repair that was a sequalae of her injury.
Br. at 3. However, as Respondent notes, Petitioner did not file medical records supporting
the contention that the revisional labral repair was related to her SIRVA. As such, I do not
include the second surgery in my calculation of damages.
The overall severity of the injury at issue herein is thus not high enough to justify
the $205,000.00 requested by Petitioner. I note that the SIRVA cases cited by Petitioner,
Schoonover and Meirndorf, involved injuries that continued for a longer period of time and
more involved treatment. In Schoonover petitioner had two surgeries, 71 physical therapy
sessions over four years. 2020 WL 5351341, at *5. In Meirndorf, petitioner had two
surgeries, 79 physical therapy sessions, and additional treatments over three years.
Meirndorf, 2022 WL 1055475, at *2. However, Petitioner’s course of treatment warrants
more than the $107,500.00 requested by Respondent.
I find this case most analogous to Nute v. Sec'y of Health & Hum. Servs., No. 18-
0140V, 2019 WL 6125008, at *12 (Fed. Cl. Sept. 6, 2019) (awarding $125,000.00 for pain
and suffering). The Nute petitioner underwent arthroscopic surgery, nineteen physical
therapy sessions, three cortisone injections, experienced nine months of significant pain,
and treated for eleven months. While Nute involved a marginally more conservative and
shorter course of treatment, Ms. Meyers had periods of relief following certain treatments.
Taking all of the above into account, I find that $125,000.00 for pain and suffering
is fair compensation.
VI. Expenses and Alleged Loss of Earnings
Petitioner requests $2,767.46 for out of pocket expenses, and $23,748.88 in lost
earnings. However, she also only requests a ruling on pain and suffering in her motion.
Br. at 1, n.1. Respondent does not object to $1,982.78 in expenses, but opposes any
award for lost earnings because Petitioner has not supplied sufficient substantiating
documentation. Opp. at 11. I decline to rule on these damages components at this time,
but will allow the parties a brief period to discuss whether an agreement can be reached.
6

Case 1:20-vv-00779-UNJ Document 50 Filed 02/20/24 Page 7 of 7
Conclusion
For all the reasons discussed above, and based on consideration of the
records as a whole, I award Petitioner $125,000 for past pain and suffering.
The parties shall file a Joint Status Report by February 13, 2024, indicating
whether settlement with regard to lost wages and out-of-pocket expenses would
be productive.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
7

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DOCUMENT 3: USCOURTS-cofc-1_20-vv-00779-2
Date issued/filed: 2024-05-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/05/2024) regarding 53 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-00779-UNJ Document 54 Filed 05/08/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-779V
BRIANNA MEYERS, Chief Special Master Corcoran
Petitioner, Filed: April 5, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 26, 2020, Brianna Meyers 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 vaccine administered on October 12,
2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On September 9, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. The parties were unable to reach agreement on an
appropriate award for damages, and filed briefs in support of their positions on October
24, 2022. On January 12, 2024, a decision was issued finding Petitioner entitled to
$125,000.00 for pain and suffering, but deferring a ruling on lost wages and out-out-
pocket expenses. ECF No. 48 at 6-7.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:20-vv-00779-UNJ Document 54 Filed 05/08/24 Page 2 of 5
On March 4, 2024, the parties filed a status report stating that they have agreed
on recommended compensation, and that Petitioner should be awarded $126,806.08
(consisting of $125,000.00 for pain and suffering and $1,806.08 for out-of-pocket
expenses). Status Report at 2-3. In the 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 Status Report, I award Petitioner a
lump sum payment of $126,806.08 (consisting of $125,000.00 for pain and suffering
and $1,806.08 for out-of-pocket 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 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-00779-UNJ Document 54 Filed 05/08/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BRIANNA MEYERS,
Petitioner,
v. No. 20-779V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STATUS REPORT
On June 26, 2020, Trina Lower (“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 on
October 12, 2017. ECF No. 1 (Petition). On August 19, 2021, the Secretary of Health and
Human Services (“respondent”) filed a Vaccine Rule 4(c) Report recommending compensation.
ECF No. 27. On September 9, 2021, Chief Special Master Corcoran issued a Ruling on
Entitlement and Damages Order directing the parties to do conduct informal damages
discussions. ECF Nos. 28, 29. The parties were not able to reach an agreement on an
appropriate award of damages, and on October 24, 2022, the parties filed simultaneous briefs
recommending an appropriate damages award. ECF Nos. 45, 36.
On January 12, 2024, the Chief Special Master issued Findings of Fact and Conclusions of
Law (“Order”) stating that petitioner’s vaccine-related shoulder pain was “primarily gone by
February 27, 2020,” and awarded a pain and suffering award of $125,000.00 based on

Case 1:20-vv-00779-UNJ Document 54 Filed 05/08/24 Page 4 of 5
petitioner’s clinical course from the date of vaccination, October 12, 2017, through February 27,
2020. ECF No. 48 at 6-7. The Chief Special Master deferred ruling on an appropriate award for
lost wages and past out-of-pocket expenses and directed the parties to discuss whether an
agreement could be reached on these remaining elements of damages. Id. at 6.
The parties have discussed these components of damages, and based on the evidence in
the record and the Chief Special Master’s January 12, 2024 Order, recommend compensation be
awarded as set forth below:
I. Items of Compensation
A. Pursuant to the Chief Special Master’s January 12, 2024 Order, petitioner should be
awarded $125,000.00 for pain and suffering pursuant to 42 U.S.C. § 300aa-15(a)(4).1
B. Petitioner should be awarded a lump sum of $1,806.08, representative of out-of-
pocket medical and related expenses pursuant to 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Petitioner should not be awarded any amounts for lost wages pursuant to 42 U.S.C.
§ 300aa-15(a)(3)(A). Petitioner agrees.
The parties agree that these amounts represent all compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).
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
1 Respondent has no objection to the amounts of the proffered award of damages for past out-of-
pocket expenses and wage loss set in paragraphs I (B-C) below. Assuming the Chief Special
Master issues a damages decision in conformity with those elements of damages, respondent
waives his right to seek review those amounts in a damages decision. However, respondent
reserves his right, pursuant to 42 U.S.C. § 300aa-12(e), to seek review of the Chief Special
Master’s January 12, 2024 Order.

Case 1:20-vv-00779-UNJ Document 54 Filed 05/08/24 Page 5 of 5
lump sum payment as described below, and requests that the Chief Special Master’s damages
decision and the Court’s judgment award the following: a lump sum payment of $126,806.08
(consisting of the Chief Special Master’s pain and suffering award issued on January 12, 2024
for $125,000.00, and past out-of-pocket expenses for $1,806.08). in the form of a check payable
to petitioner.2 Petitioner agrees.
Although this status report was drafted and filed by respondent, this document was
reviewed by petitioner prior to filing.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
S/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Senior 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)616-4181
Dated: March 4, 2024
2 Should petitioner die prior to the entry of judgment, respondent would oppose any award for
future medical expenses, future pain and suffering, and future lost wages, and the parties reserve
the right to move the Court for appropriate relief.