VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01297
Package ID: USCOURTS-cofc-1_20-vv-01297
Petitioner: Erika Nesteruk
Filed: 2020-09-30
Decided: 2022-11-16
Vaccine: influenza
Vaccination date: 2018-11-02
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 110510

AI-assisted case summary:
Erika Nesteruk filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on November 2, 2018. She further alleged that she suffered the residual effects of her injury for more than six months. The respondent conceded that Petitioner was entitled to compensation, agreeing that she had no prior shoulder issues, that her pain and reduced range of motion began within 48 hours of the vaccine, were limited to the injection shoulder, and that no other condition explained her symptoms. The respondent also agreed that she met the statutory severity requirement of suffering effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $110,510.00, comprising $110,000.00 for pain and suffering and $510.00 for past unreimbursable expenses, which Petitioner agreed to. The court awarded this lump sum payment to Petitioner.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01297-0
Date issued/filed: 2022-11-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/15/2022) regarding 32 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01297-UNJ Document 38 Filed 11/03/22 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1297V
UNPUBLISHED
ERIKA NESTERUK, Chief Special Master Corcoran
Petitioner, Filed: September 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)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 30, 2020, Erika Nesteruk 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 an influenza vaccine she received on November
2, 2018. Petition at 1. Petitioner further alleges that she suffered the residual effects of
her injury for more than six months. Id. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On September 14, 2022, Respondent filed his Rule 4(c) Report and Proffer in
which he concedes that Petitioner is entitled to compensation in this case. Respondent’s
Rule 4(c) Report at 1. Specifically, Respondent states that “Petitioner had no apparent
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-01297-UNJ Document 38 Filed 11/03/22 Page 2 of 2
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 the 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 Petitioner’s symptoms.” Id. at 4-5 . Respondent further agrees 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

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01297-1
Date issued/filed: 2022-11-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/15/2022) regarding 33 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01297-UNJ Document 39 Filed 11/16/22 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1297V
UNPUBLISHED
ERICA NESTERUK, Chief Special Master Corcoran
Petitioner, Filed: September 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)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 30, 2020, Erica Nesteruk 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 an influenza vaccine she received on November
2, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On September 14, 2022, Respondent filed a Rule 4(c) Report and Proffer of
Compensation (“Rule 4/Proffer”). ECF No. 31. On September 15, 2022, a ruling on
entitlement was issued, finding Petitioner entitled to compensation for her left SIRVA
injury. Respondent’s Rule 4/Proffer indicates that Petitioner should be awarded
$110,510.00, comprised of $110,000 in pain and suffering, and $510.00 in past
unreimbursable expenses. Rule 4/Proffer at 5. 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-01297-UNJ Document 39 Filed 11/16/22 Page 2 of 2
represented that Petitioner agrees with the proffered award. Id. at 5-6. 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 $110,510.00, representing $110,000.00 in pain and suffering and $510.00
in past unreimbursable 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 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