VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00919
Package ID: USCOURTS-cofc-1_20-vv-00919
Petitioner: Ashley Nore
Filed: 2020-07-29
Decided: 2021-10-15
Vaccine: influenza
Vaccination date: 2019-09-19
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 91539

AI-assisted case summary:
Ashley Nore filed a petition on July 29, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 19, 2019. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 23, 2021, conceding that Petitioner'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 August 23, 2021, finding Petitioner entitled to compensation. Subsequently, on September 15, 2021, the respondent filed a proffer on an award of compensation, which Petitioner agreed to. The proffer included $90,000.00 for pain and suffering and $1,539.71 for unreimbursable medical expenses, totaling $91,539.71. Chief Special Master Corcoran issued a decision awarding this lump sum payment to Ashley Nore, who is a competent adult. Judgment was directed to be entered in accordance with this decision. Petitioner was represented by LeeAnne Pedrick of Maglio, Christopher, & Toale PA, and Respondent was represented by Lara Ann Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner Ashley Nore alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on September 19, 2019. The respondent conceded that the claim met the Table criteria for SIRVA. The case was decided based on this concession and the Table injury provision. No specific medical experts or detailed clinical information regarding the onset, symptoms, diagnostic tests, or treatments were described in the public text. The Special Processing Unit handled the case, and Chief Special Master Brian H. Corcoran issued the ruling on entitlement on August 23, 2021, and the decision awarding damages on October 15, 2021. The award was a lump sum of $91,539.71, consisting of $90,000.00 for pain and suffering and $1,539.71 for unreimbursable medical expenses. Petitioner was represented by LeeAnne Pedrick, and Respondent was represented by Lara Ann Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00919-0
Date issued/filed: 2021-09-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/23/2021) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00919-UNJ Document 33 Filed 09/28/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0919V
UNPUBLISHED
ASHLEY NORE, Chief Special Master Corcoran
Petitioner,
v. Filed: August 23, 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).
LeeAnne Pedrick, Maglio, Christopher, & Toale PA, Washington, DC, for Petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 29, 2020, Ashley Nore 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 administered on
September 19, 2019. 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-00919-UNJ Document 33 Filed 09/28/21 Page 2 of 2
On August 23, 2021, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Rule 4(c) Report (ECF No. 26) at
1. Specifically, Respondent concludes that Petitioner’s claim meets the Table criteria for
SIRVA. Id. at 4-5.
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-00919-1
Date issued/filed: 2021-10-15
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/15/2021) 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-00919-UNJ Document 37 Filed 10/15/21 Page 1 of 4
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0919V
UNPUBLISHED
ASHLEY NORE, Chief Special Master Corcoran
Petitioner,
v. Filed: September 15, 2021
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision on Proffer; Table
Injury; Influenza (Flu); Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA).
LeeAnne Pedrick, Maglio, Christopher, & Toale PA, Washington, DC, for Petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 29, 2020, Ashley Nore 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 administered on
September 19, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On August 23, 2021, a ruling on entitlement was issued finding Petitioner entitled
to compensation for her SIRVA. ECF No. 27. On September 15, 2021, Respondent filed
a proffer on an award of compensation, to which Petitioner agrees. Proffer (ECF No. 28)
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-00919-UNJ Document 37 Filed 10/15/21 Page 2 of 4
(attached hereto as Exhibit A). 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 $91,539.71 (representing $90,000.00 for pain and suffering and
$1,539.71 for unreimbursable medical 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-00919-UNJ Document 37 Filed 10/15/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ASHLEY NORE, )
)
Petitioner, )
)
v. ) No. 20-919V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 23, 2021, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the
Table timeframe following an influenza vaccination, which was compensable under the National
Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34. Accordingly,
on August 23, 2021, the Chief Special Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $90,000.00 for pain and suffering
and $1,539.71 for unreimbursable medical expenses. 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $91,539.71 in the form of a check payable to petitioner.1 This
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 medical
expenses, future pain and suffering, and future lost wages.

Case 1:20-vv-00919-UNJ Document 37 Filed 10/15/21 Page 4 of 4
lump sum payment represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: September 15, 2021
2