VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01257
Package ID: USCOURTS-cofc-1_20-vv-01257
Petitioner: Anita Briant
Filed: 2022-01-18
Decided: 2022-03-21
Vaccine: influenza
Vaccination date: 2019-09-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 76348

AI-assisted case summary:
Anita Briant filed a petition for compensation under the National Vaccine Injury Compensation Program on September 24, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 3, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for SIRVA and that she satisfied the statutory severity requirement of suffering residual effects for more than six months after vaccination. On January 18, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation based on the respondent's concession. Subsequently, on February 15, 2022, the respondent filed a proffer on the award of compensation, which Petitioner agreed to. On March 21, 2022, Chief Special Master Corcoran issued a decision awarding damages based on this proffer. The award totaled $76,348.26, consisting of $75,000.00 for pain and suffering and $1,348.26 for lost wages. This amount was awarded as a lump sum payment to Anita Briant. Petitioner was represented by Brittany Rose Wolf-Freedman of Gainsburgh, Benjamin, David, Meunier & Warshauer, LLC, and the respondent was represented by Wei Kit Tai of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a SIRVA.

Theory of causation field:
Petitioner Anita Briant alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on September 3, 2019. The respondent conceded that the claim met the Table criteria for SIRVA and that Petitioner satisfied the statutory severity requirement. The case was decided based on this concession and a proffer. No specific medical experts or detailed causation theories beyond the "Table Injury" designation for SIRVA were described in the public text. Petitioner was awarded $76,348.26, comprised of $75,000.00 for pain and suffering and $1,348.26 for lost wages, as a lump sum. The decision on entitlement was issued by Chief Special Master Brian H. Corcoran on January 18, 2022, and the final decision awarding damages was issued on March 21, 2022. Petitioner's counsel was Brittany Rose Wolf-Freedman, and respondent's counsel was Wei Kit Tai.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-01257-0
Date issued/filed: 2022-02-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/18/2022) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01257-UNJ Document 30 Filed 02/17/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1257V
UNPUBLISHED
ANITA BRIANT, Chief Special Master Corcoran
Petitioner, Filed: January 18, 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)
Brittany Rose Wolf-Freedman, Gainsburgh, Benjamin, David, Meunier & Warshauer,
LLC, New Orleans, LA, for Petitioner.
Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 24, 2020, Anita Briant 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 3, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 18, 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 agrees that “[P]etitioner’s claim meets the Table criteria for
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-01257-UNJ Document 30 Filed 02/17/22 Page 2 of 2
SIRVA.” Id. at 4. Respondent further agrees that “the vaccine was received in the United
States, and that petitioner satisfies the statutory severity requirement by suffering the
residual effects or complications of her injury for more than six months after vaccine
administration.” Id. at 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-01257-1
Date issued/filed: 2022-03-21
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/17/2022) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01257-UNJ Document 35 Filed 03/21/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1257V
UNPUBLISHED
ANITA BRIANT, Chief Special Master Corcoran
Petitioner, Filed: February 17, 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)
Brittany Rose Wolf-Freedman, Gainsburgh, Benjamin, David, Meunier, & Warshauer,
LLC, New Orleans, LA, for Petitioner.
Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 24, 2020, Anita Briant 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 to her on
September 3, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 18, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On February 15, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $76,348.26
(comprised of $75,000.00 in pain and suffering and $1,348.26 in lost wages). Proffer at
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-01257-UNJ Document 35 Filed 03/21/22 Page 2 of 5
2-3. In the Proffer, Respondent represented that Petitioner agrees with the proffered
award. Id. at 3. 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 $76,348.26 (comprised of $75,000.00 in pain and suffering and
$1,348.26 in lost wages) 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-01257-UNJ Document 35 Filed 03/21/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ANITA BRIANT, )
)
Petitioner, )
) No. 20-1257V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 24, 2020, Anita Briant (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza (“flu”) vaccine she received on September 3, 2019.
On January 18, 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
Act for a SIRVA Table injury. ECF No. 23. On January 18, 2022, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 24.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01257-UNJ Document 35 Filed 03/21/22 Page 4 of 5
B. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $1,348.26. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
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
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 following1: a lump sum payment of $76,348.26, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Anita Briant: $76,348.26
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
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-01257-UNJ Document 35 Filed 03/21/22 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ Wei Kit (Ricky) Tai
WEI KIT (RICKY) TAI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 598-7705
Wei.Tai@usdoj.gov
Dated: February 15, 2022
3