VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01477
Package ID: USCOURTS-cofc-1_20-vv-01477
Petitioner: Krista Wall
Filed: 2020-10-27
Decided: 2022-04-07
Vaccine: influenza
Vaccination date: 2019-09-20
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 79309

AI-assisted case summary:
Krista Wall filed a petition for compensation under the National Vaccine Injury Compensation Program on October 27, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination on September 20, 2019. She further alleged that her injury had residual effects for more than six months and that no prior award or settlement had been made. The respondent filed a Rule 4(c) report conceding that Ms. Wall was entitled to compensation, as she met the criteria for a presumed SIRVA, including no prior history of shoulder issues, pain and reduced range of motion limited to the vaccinated shoulder, and no other identified condition to explain her symptoms. The six-month sequela requirement was also satisfied. A ruling on entitlement was issued on February 22, 2022, finding Ms. Wall entitled to compensation. Subsequently, on April 7, 2022, a decision awarding damages was issued based on a proffer. The parties agreed to an award of $75,000.00 for pain and suffering, $1,133.91 for unreimbursed expenses, and $3,175.88 for lost wages, totaling $79,309.79. This lump sum payment was awarded to Ms. Wall, who is a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01477-0
Date issued/filed: 2022-03-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/22/2022) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01477-UNJ Document 36 Filed 03/30/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1477V
UNPUBLISHED
KRISTA WALL, Chief Special Master Corcoran
Petitioner, Filed: February 22, 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)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 27, 2020, Krista Wall 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 Table injury – a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) – as a result of an influenza (“flu”)
vaccination on September 20, 2019. Petition at ¶¶ 7, 20, 23-24. Petitioner further alleges
that she suffered the residual effects of her injury for more than six months, and that there
has been no prior award or settlement of a civil action on her behalf as a result of her
injury. Petition at ¶¶ 22, 25-26. 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-01477-UNJ Document 36 Filed 03/30/22 Page 2 of 2
On February 15, 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 indicates that
DICP [Division of Injury Compensation Programs, Department of Health
and Human Services] has reviewed the petition and medical records filed in
this case and has concluded that compensation is appropriate because
petitioner meets the criteria for a presumed SIRVA, as defined by the
Vaccine Injury Table. Specifically, petitioner had no history of pain,
inflammation or dysfunction in her left shoulder prior to 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 5 (citing 42 C.F.R. § 100.3(a), (c)(10); 42 U.S.C. § 300aa-13(a)(1)(B)). Respondent
further agrees that “the medical records outlined above, the statutory six-month sequela
requirement has been satisfied. See 42 U.S.C. § 300aa-11(c)(D)(I). Therefore, based on
the current record, petitioner has satisfied all legal prerequisites for compensation under
the Act.” Id.
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-01477-1
Date issued/filed: 2022-04-07
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/02/2022) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01477-UNJ Document 40 Filed 04/07/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1477V
UNPUBLISHED
KRISTA WALL, Chief Special Master Corcoran
Petitioner, Filed: March 2, 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)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 27, 2020, Krista Wall 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 that she suffered a Table injury – Shoulder Injury
Related to Vaccine Administration (“SIRVA”) – as a result of an influenza (“flu”)
vaccination on September 20, 2019. Petition at ¶¶ 7, 20, 23-24. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On February 22, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On February 25, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded compensation
of $75,000.00 for pain and suffering, $1,133.91 for unreimbursed expenses, and
$3,175.88 for lost wages. Proffer at 1-2. In the Proffer, Respondent represented that
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-01477-UNJ Document 40 Filed 04/07/22 Page 2 of 5
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 $79,309.79 (representing $75,000.00 for pain and suffering,
$1,133.91 for unreimbursed expenses, and $3,175.88 for lost wages) 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-01477-UNJ Document 40 Filed 04/07/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KRISTA WALL,
)
)
Petitioner,
) No. 20-1477V
v.
) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 27, 2020, Krista Wall (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
-34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that she suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine
administered to her on September 20, 2019. On February 15, 2022, respondent filed his Vaccine
Rule 4(c) report, recommending that compensation be awarded. On February 22, 2022, the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
I. Items of Compensation
A. Pain and suffering
Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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

Case 1:20-vv-01477-UNJ Document 40 Filed 04/07/22 Page 4 of 5
awarded past unreimbursable expenses in the amount of $1,133.91. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $3,175.88. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 $79,309.79, in the form of a
check payable to petitioner, Krista Wall.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Krista Wall: $79,309.79.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting 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-01477-UNJ Document 40 Filed 04/07/22 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Traci R. Patton
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 353-1589
Dated: February 25, 2022
3