VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00826
Package ID: USCOURTS-cofc-1_20-vv-00826
Petitioner: Cathy Boyd
Filed: 2020-07-08
Decided: 2021-12-01
Vaccine: influenza
Vaccination date: 2018-11-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50500

AI-assisted case summary:
Cathy Boyd filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Table shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on November 19, 2018. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that she met the criteria for a presumed SIRVA, including no recent history of shoulder pain, pain occurring within 48 hours after vaccination, pain limited to the vaccinated shoulder, and no other identified condition explaining the pain, with residual effects lasting more than six months. A ruling on entitlement was issued on October 22, 2021, finding Petitioner entitled to compensation. Subsequently, on October 28, 2021, Respondent filed a proffer on award of compensation, proposing an award of $50,500.00, consisting of $50,000.00 for pain and suffering and $500.00 for past unreimbursable expenses. Petitioner, a competent adult, agreed with the proffered award. The Chief Special Master issued a decision awarding Cathy Boyd a lump sum payment of $50,500.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00826-0
Date issued/filed: 2021-11-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/22/2021) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00826-UNJ Document 33 Filed 11/29/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0826V
UNPUBLISHED
CATHY BOYD, Chief Special Master Corcoran
Petitioner, Filed: October 22, 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.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 8, 2020, Cathy Boyd 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 shoulder injury related to vaccine
administration (SIRVA) as the result of an influenza (“flu”) vaccination she received in her
left shoulder on November 19, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 22, 2021, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case because she meets the criteria for
a presumed SIRVA as defined by the Vaccine Injury Table. Respondent’s Rule 4(c)
Report at 1, 3. Specifically, Respondent agrees that Petitioner had no recent history 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-00826-UNJ Document 33 Filed 11/29/21 Page 2 of 2
pain, inflammation, or dysfunction of her left shoulder; Petitioner’s pain occurred within
48 hours after receipt of an intramuscular vaccination; Petitioner’s pain and reduced
range of motion were limited to the shoulder in which the vaccine was administered; and
no other condition or abnormality has been identified to explain Petitioner’s shoulder pain.
Id. at 3. Respondent further agrees that Petitioner suffered the residual effects of her
condition for more than six months. 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-00826-1
Date issued/filed: 2021-12-01
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/28/2021) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00826-UNJ Document 34 Filed 12/01/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0826V
UNPUBLISHED
CATHY BOYD, Chief Special Master Corcoran
Petitioner, Filed: October 28, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 8, 2020, Cathy Boyd 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 shoulder injury related to vaccine
administration (SIRVA) as the result of an influenza (“flu”) vaccination she received in her
left shoulder on November 19, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 22, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a left SIRVA. On October 28, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $50,500.00.
Proffer at 2.
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-00826-UNJ Document 34 Filed 12/01/21 Page 2 of 5
Specifically, Respondent proffers that Petitioner be awarded $50,000.00 in actual
pain and suffering and $500.00 in past unreimbursable expenses. Id. at 1-2
In the Proffer, Respondent also represented that Petitioner agrees with the
proffered award. Id. at 2. 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 $50,500.00 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-00826-UNJ Document 34 Filed 12/01/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CATHY BOYD, )
)
Petitioner, )
) No. 20-826V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 8, 2020, Cathy Boyd (“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 Table shoulder injury related to vaccine administration
(“SIRVA”), as the result of an influenza (“flu”) vaccination she received in her left shoulder on
November 19, 2018. Petition at 1. On October 22, 2021, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded,
and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation the same day. ECF No. 25; ECF No. 26.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 in actual pain and
suffering. Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Cathy Boyd’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent now proffers that,

Case 1:20-vv-00826-UNJ Document 34 Filed 12/01/21 Page 4 of 5
based on the Chief Special Master’s entitlement decision and the evidence of record, petitioner
should be awarded past unreimbursable expenses in the amount of $500.00, as provided under
the Vaccine Act, 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 $50,500.00, representing
compensation for pain and suffering ($50,000.00), and past unreimbursable expenses ($500.00),
in the form of a check payable to petitioner, Cathy Boyd.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Cathy Boyd: $ 50,500.00
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-00826-UNJ Document 34 Filed 12/01/21 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
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) 514-9729
Email: sarah.c.duncan@usdoj.gov
DATED: October 28, 2021
3