VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01227
Package ID: USCOURTS-cofc-1_20-vv-01227
Petitioner: Maureen Deighan
Filed: 2020-09-18
Decided: 2022-12-19
Vaccine: influenza
Vaccination date: 2017-10-10
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 155000

AI-assisted case summary:
Maureen Deighan filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 10, 2017. The respondent conceded that her claim met the Table criteria for SIRVA, noting that she had no prior shoulder issues, the pain began within 48 hours of the vaccine, and the pain and reduced range of motion were limited to the injection site. The respondent also confirmed the case was timely filed, the vaccine was administered in the United States, and the injury met the six-month severity requirement. Based on the respondent's concession and the evidence, the court found Maureen Deighan entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $155,000.00 for pain and suffering, which Maureen Deighan accepted. The court awarded her this lump sum payment for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01227-0
Date issued/filed: 2022-12-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/15/2022) regarding 30 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01227-UNJ Document 37 Filed 12/16/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1227V
UNPUBLISHED
MAUREEN DEIGHAN, Chief Special Master Corcoran
Petitioner, Filed: November 15, 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)
Scott D Frendel, Braunfotel & Frendel, LLC, Dresher, PA, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 18, 2020, Maureen Deighan 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) resulting from an influenza vaccine she received on October 10,
2017. Petition at 1. Petitioner further alleges that the vaccination was administered within
the United States, her shoulder injury persisted for greater than six months, and neither
Petitioner nor any other party has ever filed any action or received compensation in the
form of award or settlement for her vaccine-related injury. Petition at 1, 4. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
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-01227-UNJ Document 37 Filed 12/16/22 Page 2 of 2
On November 14, 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. Respondent concluded that Petitioner’s claim meets the Table criteria for
SIRVA. Id. at 8. Specifically, Respondent determined that “[P]etitioner had no apparent
history of pain, inflammation or dysfunction of the affected shoulder prior to intramuscular
vaccine administration that would explain the alleged signs, symptoms, examination
findings, and/or diagnostic studies occurring after vaccine injection; she more likely than
not suffered the onset of pain within forty-eight hours of vaccine administration; her pain
and reduced range of motion were limited to the shoulder in which the intramuscular
vaccine was administered; and there is no other condition or abnormality present that
would explain [P]etitioner’s symptoms.” Id. Respondent further agrees that “the case was
timely filed, that the vaccine was received in the United States, and that [P]etitioner
satisfies the statutory severity requirement by suffering the residual effects or
complications of his injury for more than six months after vaccine administration.” 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-01227-1
Date issued/filed: 2022-12-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/15/2022) regarding 31 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01227-UNJ Document 39 Filed 12/19/22 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1227V
UNPUBLISHED
MAUREEN DEIGHAN, Chief Special Master Corcoran
Petitioner, Filed: November 15, 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)
Scott D Frendel, Braunfotel & Frendel, LLC, New City, NY, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 18, 2020, Maureen Deighan 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) resulting from an influenza vaccine she
received on October 10, 2017. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 14, 2022, Respondent filed a combined Rule 4(c) report and proffer
on award of compensation (“Proffer”). On November 15, 2022, a ruling on entitlement
was issued, finding Petitioner entitled to compensation for SIRVA. In the Proffer,
Respondent indicated that Petitioner should be awarded $155,000.00 for pain and
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-01227-UNJ Document 39 Filed 12/19/22 Page 2 of 2
suffering. Proffer at 9. Also in the Proffer, Respondent 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 Proffer.
Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum
payment of $155,000.00 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