VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01429
Package ID: USCOURTS-cofc-1_20-vv-01429
Petitioner: Leigh Ann Marshall
Filed: 2020-10-21
Decided: 2022-03-01
Vaccine: influenza
Vaccination date: 2017-10-30
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 177269

AI-assisted case summary:
Leigh Ann Marshall filed a petition for compensation under the National Vaccine Injury Compensation Program on October 21, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 30, 2017. She stated the vaccine was administered in the United States, her symptoms persisted for more than six months, and no prior action or compensation had been sought for this injury. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that she satisfied the criteria set forth in the Vaccine Injury Table for SIRVA and met the statutory severity requirement. A ruling on entitlement was issued on January 25, 2022, finding Petitioner entitled to compensation. Subsequently, on March 1, 2022, a damages decision was issued based on a proffer. Respondent proffered an award of $177,269.92, which Petitioner agreed to. The court awarded Petitioner a lump sum payment of $177,269.92, comprised of $170,000.00 for pain and suffering and $7,269.92 for unreimbursed expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01429-0
Date issued/filed: 2022-02-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/25/2022) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01429-UNJ Document 33 Filed 02/24/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1429V
UNPUBLISHED
LEIGH ANN MARSHALL, Chief Special Master Corcoran
Petitioner, Filed: January 25, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 21, 2020, Leigh Ann Marshall 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 (“flu”) vaccine received on October
30, 2017. Petition at 1. Petitioner further alleges the vaccine was administered in the
United States, her symptoms 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 her vaccine-related injury. Petition at ¶¶ 1, 11-13; Ex. 1. 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-01429-UNJ Document 33 Filed 02/24/22 Page 2 of 2
On January 24, 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 has satisfied the criteria set forth in the
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for
SIRVA. Therefore, petitioner is entitled to a presumption of vaccine causation.” Id. at 8.
Respondent further agrees that “the records show that petitioner timely filed her case,
that she received the flu vaccine in the United States, and that she 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 8-9.
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-01429-1
Date issued/filed: 2022-03-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/25/2022) 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-01429-UNJ Document 34 Filed 03/01/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1429V
UNPUBLISHED
LEIGH ANN MARSHALL, Chief Special Master Corcoran
Petitioner, Filed: January 25, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 21, 2020, Leigh Ann Marshall 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 received on October 30,
2017. Petition at 1. Petitioner further alleges the vaccine was administered in the United
States, her symptoms 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 her vaccine-related injury. Petition at ¶¶ 1, 11-13; Ex. 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 25, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On January 24, 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-01429-UNJ Document 34 Filed 03/01/22 Page 2 of 2
of compensation (“Proffer”) indicating Petitioner should be awarded $177,269.92. Proffer
at 9. 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 Proffer, I award Petitioner a lump sum
payment of $177,269.92 (comprised of $170,000.00 for pain and suffering and
$7,269.92 for unreimbursed 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 the 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