VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01098
Package ID: USCOURTS-cofc-1_20-vv-01098
Petitioner: Katelynn McGuire
Filed: 2022-01-11
Decided: 2022-02-14
Vaccine: influenza
Vaccination date: 2019-10-29
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 67100

AI-assisted case summary:
Katelynn McGuire filed a petition for compensation under the National Vaccine Injury Compensation Program on August 28, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 29, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 7, 2022, conceding that the petitioner's claim met the Vaccine Injury Table criteria for SIRVA and that she was entitled to compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 11, 2022, finding the petitioner entitled to compensation. Subsequently, on January 7, 2022, the respondent filed a combined Rule 4 report and proffer on the award of compensation. The respondent indicated that the petitioner should be awarded $67,100.78, consisting of $65,000.00 for past pain and suffering and $2,100.78 for past unreimbursed expenses. The respondent represented that the petitioner agreed with this proffered award. On February 11, 2022, Chief Special Master Corcoran issued a decision awarding Katelynn McGuire a lump sum payment of $67,100.78, payable by check to the petitioner. This amount was intended to compensate for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by David John Carney of Green & Schafle LLC, and respondent was represented by Naseem Kourosh of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Katelynn McGuire alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 29, 2019. The respondent conceded that the claim met the Vaccine Injury Table criteria for SIRVA. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 11, 2022, finding entitlement based on the respondent's concession. A subsequent decision on February 11, 2022, awarded $67,100.78, comprising $65,000.00 for past pain and suffering and $2,100.78 for past unreimbursed expenses, based on a proffer agreed to by the petitioner. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the concession to the Table criteria for SIRVA. Petitioner counsel was David John Carney, and respondent counsel was Naseem Kourosh.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-01098-0
Date issued/filed: 2022-02-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/11/2022) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01098-UNJ Document 34 Filed 02/11/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1098V
UNPUBLISHED
KATELYNN MCGUIRE, Chief Special Master Corcoran
Petitioner, Filed: January 11, 2022
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)
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 28, 2020, Katelynn McGuire 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 that was administered
to her on October 29, 2019. 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. Respondent’s Rule 4(c) Report at
1. Specifically, Respondent “has concluded that [P]etitioner’s claim meets the Vaccine
Injury Table criteria for SIRVA.” Id. at 3.
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-01098-UNJ Document 34 Filed 02/11/22 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-01098-1
Date issued/filed: 2022-02-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/11/2022) regarding 28 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01098-UNJ Document 35 Filed 02/14/22 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1098V
UNPUBLISHED
KATELYNN MCGUIRE, Chief Special Master Corcoran
Petitioner, Filed: January 11, 2022
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)
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 28, 2020, Katelynn McGuire 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 result of an influenza (“flu”) vaccine that was administered
to her on October 29 2019. Petition at ¶¶ 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On January 11, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On January 7, 2022, Respondent filed a combined Rule 4
report/proffer on award of compensation (“Proffer”) indicating Petitioner should be
awarded $67,100.78 (consisting of $65,000.00 for past pain and suffering and $2,100.78
for past unreimbursed expenses). Rule 4/Proffer at 4. In the Rule 4/Proffer, Respondent
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-01098-UNJ Document 35 Filed 02/14/22 Page 2 of 2
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 Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum
payment of $67,100.78 (consisting of $65,000.00 for pain and suffering and
$2,100.78 for past unreimbursed 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 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