VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01339
Package ID: USCOURTS-cofc-1_20-vv-01339
Petitioner: Patricia Hertzog
Filed: 2022-02-03
Decided: 2022-03-10
Vaccine: influenza
Vaccination date: 2018-09-24
Condition: left shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 97107

AI-assisted case summary:
Patricia Hertzog filed a petition for compensation on February 3, 2022, alleging she suffered left shoulder injuries related to vaccine administration (SIRVA) from an influenza vaccine received on September 24, 2018. The respondent conceded entitlement, agreeing that Ms. Hertzog had no prior shoulder issues, her pain occurred within 48 hours of vaccination, and the pain was limited to the vaccinated shoulder. The respondent also confirmed that the injury persisted for more than six months, satisfying the statutory requirement. A ruling on entitlement was issued on February 3, 2022, finding Ms. Hertzog entitled to compensation. Subsequently, on February 4, 2022, the respondent filed a proffer on award of compensation, which Ms. Hertzog agreed to. The court awarded Ms. Hertzog a total of $97,107.62, comprised of $95,000.00 for pain and suffering and $2,107.62 for unreimbursable medical expenses, as a lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01339-0
Date issued/filed: 2022-03-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/03/2022) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01339-UNJ Document 33 Filed 03/09/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1339V
UNPUBLISHED
PATRICIA HERTZOG, Chief Special Master Corcoran
Petitioner, Filed: February 3, 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.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 7, 2020, Patricia Hertzog 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 left shoulder injuries related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on September 24,
2018. Petition at 1. Petitioner further alleges the vaccine was received in the United
States, her condition persisted for more than six months, and neither Petitioner, nor any
other party, has ever filed an action or received compensation in the form of an award or
settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 10-12. 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-01339-UNJ Document 33 Filed 03/09/22 Page 2 of 2
On February 1, 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 “petitioner had no history of pain, inflammation,
or dysfunction in her left shoulder; her pain occurred within 48 hours of receipt of an
intramuscular vaccination; her pain and reduced range of motion were limited to the
shoulder in which the vaccine was administered; and no other condition or abnormality
was identified to explain her symptoms.” Id. at 4. Respondent further agrees that “given
the medical records outlined [in the Rule 4(c) Report], the statutory six month sequela
requirement has been satisfied. Therefore, based on the current record, petitioner has
satisfied all legal prerequisites for compensation under the Act.” Id. at 4-5 (citation
omitted).
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-01339-1
Date issued/filed: 2022-03-10
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/07/2022) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01339-UNJ Document 34 Filed 03/10/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1339V
UNPUBLISHED
PATRICIA HERTZOG, Chief Special Master Corcoran
Petitioner, Filed: February 7, 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.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 7, 2020, Patricia Hertzog 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 left shoulder injuries related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on September 24,
2018. Petition at 1. Petitioner further alleges the vaccine was received in the United
States, her condition persisted for more than six months, and neither Petitioner, nor any
other party, has ever filed an action or received compensation in the form of an award or
settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 10-12. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On February 3, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On February 4, 2022, Respondent filed a proffer on award
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-01339-UNJ Document 34 Filed 03/10/22 Page 2 of 4
of compensation (“Proffer”) indicating Petitioner should be awarded $97,107.62. Proffer
at 1. 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 attached Proffer, I award Petitioner a lump
sum payment of $97,107.62 (comprised of $95,000.00 for pain and suffering and
$2,107.62 for unreimbursable medical 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

Case 1:20-vv-01339-UNJ Document 34 Filed 03/10/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PATRICIA HERTZOG, )
)
Petitioner, )
)
v. ) No. 20-1339V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 1, 2022, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the
Table timeframe following an influenza vaccination, which was compensable under the National
Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34. Accordingly,
on February 3, 2022, the Chief Special Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $95,000.00 for pain and suffering
and $2,107.62 for unreimbursable medical expenses. 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $97,107.62 in the form of a check payable to petitioner.1 This
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 medical
expenses, future pain and suffering, and future lost wages.

Case 1:20-vv-01339-UNJ Document 34 Filed 03/10/22 Page 4 of 4
lump sum payment represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: February 4, 2022
2