VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01333
Package ID: USCOURTS-cofc-1_20-vv-01333
Petitioner: Vanessa Richardson
Filed: 2020-10-06
Decided: 2022-05-23
Vaccine: influenza
Vaccination date: 2018-12-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 74341

AI-assisted case summary:
Vanessa Richardson filed a petition for compensation under the National Vaccine Injury Compensation Program on October 6, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 6, 2018. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table and that compensation was appropriate. The respondent noted that Ms. Richardson had no recent history of shoulder pain, her pain onset occurred within 48 hours after vaccination, the pain was limited to the vaccinated shoulder, and no other condition explained her symptoms. She also met the statutory requirement of suffering the condition for more than six months. On January 14, 2022, a ruling on entitlement found Ms. Richardson entitled to compensation. On April 21, 2022, the respondent filed a proffer on an award of compensation, which Ms. Richardson agreed to. The decision awarded a lump sum of $74,341.65, comprising $72,500.00 for pain and suffering and $1,841.65 for unreimbursed expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01333-0
Date issued/filed: 2022-02-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/14/2022) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (jas) Service on parties made.
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Case 1:20-vv-01333-UNJ Document 27 Filed 02/14/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1333V
UNPUBLISHED
VANESSA RICHARDSON, Chief Special Master Corcoran
Petitioner,
v. Filed: January 14, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 6, 2020, Vanessa Richardson 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on
December 6, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 13, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury
Table, and that compensation is appropriate. Specifically, Petitioner had no recent history
of pain, inflammation, or dysfunction of her right shoulder; the onset of Petitioner’s pain
occurred within 48 hours after receipt of an intramuscular vaccination; Petitioner’s pain
1 Because this unpublished opinion 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 opinion will be available to anyone with access to the internet.
In accordance with Vaccine Rule 18(b), Petitioners have 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-01333-UNJ Document 27 Filed 02/14/22 Page 2 of 2
was limited to the shoulder in which the vaccine was administered; and no other condition
or abnormality has been identified to explain Petitioner’s right shoulder symptoms.
Respondent further agrees that Petitioner met the statutory requirements by suffering the
condition for more than six months. Rule 4(c) Report (ECF No. 23) at 1, 5-6 (citing 42
C.F.R. §§ 100.3(a), (c)(10)).
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-01333-1
Date issued/filed: 2022-05-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/22/2022) regarding 30 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01333-UNJ Document 34 Filed 05/23/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1333V
UNPUBLISHED
VANESSA RICHARDSON, Chief Special Master Corcoran
Petitioner,
v. Filed: April 22, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision based on Proffer;
Influenza (Flu); Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA).
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 6, 2020, Vanessa Richardson 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on
December 6, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 14, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a Table SIRVA. On April 21, 2022, Respondent filed a proffer on an
award of compensation (“Proffer”). In the Proffer, Respondent represented that Petitioner
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-01333-UNJ Document 34 Filed 05/23/22 Page 2 of 5
agrees with the proffered award. 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 the following
compensation:
A lump sum of $74,341.65 (representing for $72,500.00 for pain and suffering,
and $1,841.65 for unreimbursed expenses). 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-01333-UNJ Document 34 Filed 05/23/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
VANESSA RICHARDSON, )
)
Petitioner, )
) No. 20-1333V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 6, 2020, Vanessa Richardson (“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 vaccine she received on December 6, 2018. Petition at 1. On January 13, 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,
and on January 14, 2022, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 23; ECF No. 24.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $72,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01333-UNJ Document 34 Filed 05/23/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,841.65. See 42 U.S.C. § 300aa-
15(a)(1)(B). 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 $74,341.65, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Vanessa Richardson: $74,341.65
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy 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-01333-UNJ Document 34 Filed 05/23/22 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Emilie F. Williams
EMILIE F. WILLIAMS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-0124
Emilie.williams@usdoj.gov
DATED: April 21, 2022
3