VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01060
Package ID: USCOURTS-cofc-1_20-vv-01060
Petitioner: Diana Hopkins
Filed: 2020-08-21
Decided: 2022-03-14
Vaccine: influenza
Vaccination date: 2017-11-14
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 49000

AI-assisted case summary:
Diana Hopkins filed a petition for compensation under the National Vaccine Injury Compensation Program on August 21, 2020. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving influenza and pneumococcal (PCV13) vaccines on November 14, 2017. The respondent conceded that Ms. Hopkins was entitled to compensation, agreeing that she suffered a SIRVA as defined by the Vaccine Injury Table. The respondent noted that Ms. Hopkins had no prior history of shoulder issues, her pain began within 48 hours of vaccination, was limited to the affected shoulder, and no other condition explained the pain. The respondent also agreed that her condition resulted in residual effects for more than six months. A ruling on entitlement was issued on January 19, 2022, finding her entitled to compensation. Subsequently, on February 11, 2022, the respondent filed a proffer on award of compensation, recommending an award of $49,000.00. Ms. Hopkins, identified as a competent adult, agreed with this proffered award. Chief Special Master Corcoran issued a decision awarding Ms. Hopkins a lump sum payment of $49,000.00 for pain and suffering on March 14, 2022.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01060-0
Date issued/filed: 2022-03-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/19/2022) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01060-UNJ Document 29 Filed 03/01/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1060V
UNPUBLISHED
DIANA HOPKINS, Chief Special Master Corcoran
Petitioner,
v. Filed: January 19, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Pneumococcal (PCV13); Shoulder
Injury Related to Vaccine
Administration (SIRVA).
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 21, 2020, Diana Hopkins 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 left shoulder injury related to vaccine
administration (SIRVA) as a result of the administration of influenza (“flu”) and
pneumococcal (“PCV13”) vaccines on November 14, 2017. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 7, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case because she suffered a SIRVA as
defined by the Vaccine Injury Table. Respondent’s Rule 4(c) Report at 1, 4-5. Specifically,
Petitioner had no history of pain, inflammation, or dysfunction of the affected shoulder
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-01060-UNJ Document 29 Filed 03/01/22 Page 2 of 2
that would explain the alleged signs, symptoms, examination findings, and/or diagnostic
studies occurring after vaccination; Petitioner’s pain began within 48 hours after
vaccination; Petitioner’s pain was limited to the shoulder in which the vaccine was
administered; and no other condition or abnormality has been identified to explain
Petitioner’s left shoulder pain. Id. at 6. 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-01060-1
Date issued/filed: 2022-03-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/11/2022) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01060-UNJ Document 30 Filed 03/14/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1060V
UNPUBLISHED
DIANA HOPKINS, Chief Special Master Corcoran
Petitioner, Filed: February 11, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine;
Pneumococcal (PCV 13); Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Bridget McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 21, 2020, Diana Hopkins 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 left shoulder injury related to vaccine
administration (SIRVA) as a result of the administration of influenza (“flu”) and
pneumococcal (“PCV13”) vaccines on November 14, 2017. Petition at ¶ 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 19, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a left SIRVA. On February 11, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $49,000.00.
Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with 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-01060-UNJ Document 30 Filed 03/14/22 Page 2 of 5
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 $49,000.00 for pain and suffering 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-01060-UNJ Document 30 Filed 03/14/22 Page 3 of 5
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DIANA HOPKINS,
Petitioner,
v. No. 20-1060V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 21, 2020, Diana Hopkins (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act. See 42 U.S.C. §§ 300aa-1 to -34, as amended
(“Vaccine Act”). Petitioner alleges that she suffered from a left shoulder injury related to
vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table (“Table”), following
the administration of influenza (“flu”) and pneumococcal (“PCV13”) vaccines on November 14,
2017. 42 C.F.R. § 100.3(a)(XIV)(B); Petition at 1. On January 7, 2022, 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 Vaccine Act for a SIRVA Table injury, and,
on January 19, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 22; ECF No. 23.
I. Item of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $49,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01060-UNJ Document 30 Filed 03/14/22 Page 4 of 5
This amount represents 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 following:1 a lump sum payment of $49,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Diana Hopkins: $49,000.00
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
DARRYL R. WISHARD
Assistant 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-01060-UNJ Document 30 Filed 03/14/22 Page 5 of 5
s/ Felicia D. Langel
FELICIA D. LANGEL
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) 305-3148
felicia.d.langel@usdoj.gov
DATED: February 11, 2022
3