VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01163
Package ID: USCOURTS-cofc-1_20-vv-01163
Petitioner: Emily Butcher
Filed: 2020-09-08
Decided: 2022-07-15
Vaccine: influenza
Vaccination date: 2017-10-17
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Emily Butcher filed a petition on September 8, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2017. Petitioner stated that this was a defined Table Injury and that she met the program's requirements, including receiving the vaccine in the United States, suffering residual effects for more than six months, and not having filed a civil action or received other compensation, although she did receive an informal payment of $7,500.00 from the vaccine administrator. The case was assigned to the Special Processing Unit. On June 6, 2022, the Respondent filed a Rule 4(c) Report, conceding that Petitioner's claim met the Vaccine Injury Table criteria for a left shoulder SIRVA and that she satisfied all legal prerequisites for compensation. The Respondent noted a potential disagreement regarding the exact sequelae of Petitioner's SIRVA injury, specifically stating a belief that there was a lack of preponderant evidence that other injuries and conditions, such as left shoulder structural defects or degenerative changes, left wrist or elbow injuries, right shoulder injuries, or any rheumatological or neurological conditions, were sequelae of the SIRVA. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 13, 2022, finding Petitioner entitled to compensation based on the Respondent's concession. The ruling indicated that issues of sequelae and the appropriate amount of damages would be addressed in further proceedings if the parties could not reach an informal agreement. Petitioner was represented by Robert Joel Krakow of the Law Office of Robert J. Krakow, P.C., and Respondent was represented by Naseem Kourosh of the U.S. Department of Justice.

Theory of causation field:
Petitioner Emily Butcher alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2017. The theory of causation presented was that the injury was a defined Table Injury. Respondent conceded that Petitioner's claim met the Vaccine Injury Table criteria for SIRVA and that all legal prerequisites for compensation were satisfied. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. The Special Master noted potential disagreement regarding the exact sequelae of the SIRVA injury, with Respondent believing there was insufficient evidence for other conditions being sequelae. Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation. The case was filed on September 8, 2020. Petitioner was represented by Robert Joel Krakow, and Respondent was represented by Naseem Kourosh. The decision date for the Ruling on Entitlement was June 13, 2022, and the final order date was July 15, 2022. No award amount was determined at this stage.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01163-0
Date issued/filed: 2022-07-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/13/2022) regarding 95 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01163-UNJ Document 97 Filed 07/15/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1163V
UNPUBLISHED
EMILY BUTCHER, Chief Special Master Corcoran
Petitioner, Filed: June 13, 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)
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 8, 2020, Emily Butcher 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”), a defined Table Injury, after receiving the influenza (“flu”)
vaccine on October 17, 2017. Petition at 1-3, ¶¶ 4, 55. In the alternative, Petitioner alleges
that the flu vaccine she received caused her left shoulder injury. Id. at ¶¶ 56-58. Petitioner
further alleges that she received the vaccine in the United States, that she suffered the
residual effects of her SIRVA for more than six months, and that neither she nor any other
party has filed a civil action or received compensation for her SIRVA within the meaning
of the Vaccine Act but did receive an informal payment of $7,500.00 from the vaccine
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-01163-UNJ Document 97 Filed 07/15/22 Page 2 of 2
administrator. Petition at ¶¶ 59, 61, 63-65. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 6, 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 claims meets the Vaccine
Injury Table criteria for a left shoulder SIRVA.” Id. at 13. Respondent further agrees that
“[P]etitioner has satisfied all legal prerequisites for compensation under the Vaccine Act.”
Id.
Because there may be some disagreement regarding the exact sequelae of
Petitioner’s SIRVA injury,3 I instructed the OSM staff attorney assisting me on this SPU
case to confirm that the parties had no objection to my issuing a ruling based upon
Respondent’s concession as stated in the Rule 4(c) Report. Both attorneys agreed I could
address the issues of sequelae and the appropriate amount of damages in this case, after
further argument and development, if they are unable to reach an informal agreement.
See Informal Remark, dated June 6, 2022.
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
3 In his Rule 4(c) Report, Respondent indicated that he believes “there is a lack of preponderant evidence
that other injuries and conditions are sequelae of [P]etitioner’s SIRVA, including left shoulder structural
defects or degenerative changes, left wrist or elbow injuries, right shoulder injuries, or any rheumatological
or neurological conditions.” Rule 4(c) Report at 14.
2