VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01347
Package ID: USCOURTS-cofc-1_20-vv-01347
Petitioner: Elizabeth A. Adams
Filed: 2022-03-03
Decided: 2022-05-23
Vaccine: influenza
Vaccination date: 2017-10-18
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65590

AI-assisted case summary:
Elizabeth Adams filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 18, 2017. She stated that the vaccination was administered in the United States, her injuries lasted for more than six months, and she had not received any prior compensation for these injuries. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Adams was entitled to compensation. The respondent determined that she suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, the pain began within 48 hours of the vaccination, and the pain was limited to the injection site without any other identified condition explaining the symptoms. Based on the respondent's concession and the evidence, the court found Ms. Adams entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $65,590.00, which included $65,000.00 for pain and suffering and $590.00 for past unreimbursable expenses. Ms. Adams agreed with this proffered award. The court awarded Ms. Adams a lump sum payment of $65,590.00, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-01347-0
Date issued/filed: 2022-03-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/27/2022) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01347-UNJ Document 27 Filed 03/03/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1347V
UNPUBLISHED
ELIZABETH ADAMS, Chief Special Master Corcoran
Petitioner, Filed: January 27, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 8, 2020, Elizabeth Adams 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) resulting from an influenza (flu) vaccine she received on October
18, 2017. Petition at 1. Petitioner further alleges that the vaccination was administered
within the United States, her injuries lasted for more than six months, and neither she,
nor any other party, has ever received any compensation in the form of an award or
settlement for Petitioner’s vaccine-related injuries. Petition at 1,3. 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-01347-UNJ Document 27 Filed 03/03/22 Page 2 of 2
On January 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 determined that Petitioner suffered a SIRVA of the left shoulder as defined
by the Vaccine Injury Table. Id. at 4. Specifically, Respondent found that “[P]etitioner had
no recent history of pain, inflammation, or dysfunction of her left shoulder; the onset of
pain occurred within 48 hours after receipt of an intramuscular vaccination; the pain was
limited to the shoulder where the vaccine was administered; and, no other condition or
abnormality, such as brachial neuritis, has been identified to explain petitioner’s left
shoulder symptoms.” Id. Respondent concluded that Petitioner has satisfied all legal
prerequisites for compensation under the Vaccine Act.
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-01347-1
Date issued/filed: 2022-05-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/18/2022) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01347-UNJ Document 34 Filed 05/23/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1347V
UNPUBLISHED
ELIZABETH A. ADAMS, Chief Special Master Corcoran
Petitioner, Filed: April 18, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 8, 2020, Elizabeth A. Adams 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) resulting from the influenza (flu) vaccine she received on October
18, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 27, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On April 18, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $65,590.00, including
$65,000.00 in pain and suffering and $590.00 for past unreimbursable expenses. Proffer
at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-01347-UNJ Document 34 Filed 05/23/22 Page 2 of 5
award. Id. at 2. 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 $65,590.00, including $65,000.00 in pain and suffering and $590.00
for 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

Case 1:20-vv-01347-UNJ Document 34 Filed 05/23/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ELIZABETH A. ADAMS, )
)
Petitioner, )
) No. 20-1347V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 8, 2020, Elizabeth A. Adams (“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 October 18, 2017. Petition at 1. On January 14, 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 27, 2022, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 22; ECF No. 23.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $65,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01347-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 $590.00. 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 $65,590.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Elizabeth A. Adams: $65,590.00
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-01347-UNJ Document 34 Filed 05/23/22 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ NINA Y. REN
NINA Y. REN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington D.C. 20044-0146
(202)451-7499
Nina.Ren@usdoj.gov
DATED: April 18, 2022
3