VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01502
Package ID: USCOURTS-cofc-1_20-vv-01502
Petitioner: Regina Mileouski
Filed: 2020-10-30
Decided: 2022-07-08
Vaccine: influenza
Vaccination date: 2019-10-12
Condition: right shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 74389

AI-assisted case summary:
Regina Mileouski filed a petition for compensation under the National Vaccine Injury Compensation Program on October 30, 2020, alleging she suffered right shoulder injuries related to vaccine administration (SIRVA) from an influenza vaccine received on October 12, 2019. She stated the vaccine was administered in the United States, her symptoms persisted for more than six months, and no other action or compensation had been sought for her injury. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior history of right shoulder issues, the pain occurred within 48 hours after vaccination, was limited to the vaccinated shoulder, and no other condition explained the pain. The respondent also agreed that her symptoms persisted for more than six months, satisfying all legal prerequisites for compensation. On December 14, 2021, a ruling on entitlement was issued, finding Ms. Mileouski entitled to compensation. Subsequently, on June 8, 2022, the parties filed a proffer on award of compensation. The court awarded Ms. Mileouski a total of $74,389.02, comprising $72,500.00 for pain and suffering and $1,889.02 for past unreimbursable 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-01502-0
Date issued/filed: 2022-01-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/14/2021) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01502-UNJ Document 28 Filed 01/18/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1502V
UNPUBLISHED
REGINA MILEOUSKI, Chief Special Master Corcoran
Petitioner, Filed: December 14, 2021
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.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 30, 2020, Regina Mileouski 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 right shoulder injuries related to
vaccine administration (“SIRVA”) as a result of an influenza vaccine received on October
12, 2019. Petition at 1. Petitioner further alleges that she received the vaccine in the
United States, her symptoms persisted for more than six months, and neither Petitioner
nor any other person has filed an action or received compensation for her vaccine-related
injury. Petition at ¶¶ 1, 14-16. 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-01502-UNJ Document 28 Filed 01/18/22 Page 2 of 2
On December 13, 2021, 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 “has concluded that petitioner’s alleged injury is
consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had
no history of pain, inflammation, or dysfunction of her right shoulder; pain occurred within
48 hours after receipt of an intramuscular vaccination; pain was limited to the shoulder in
which the vaccine was administered; and no other condition or abnormality has been
identified to explain petitioner’s shoulder pain.” Id. at 5. Respondent further agrees that
the records demonstrate that Petitioner suffered the residual effects of her condition for
more than six months and therefore 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-01502-1
Date issued/filed: 2022-07-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/08/2022) regarding 33 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01502-UNJ Document 37 Filed 07/08/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1502V
UNPUBLISHED
REGINA MILEOUSKI, Chief Special Master Corcoran
Petitioner, Filed: June 8, 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.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 30, 2020, Regina Mileouski 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 right shoulder injuries related to
vaccine administration (“SIRVA”) as a result of an influenza vaccine received on October
12, 2019. Petition at 1. Petitioner further alleges that she received the vaccine in the
United States, her symptoms persisted for more than six months, and neither Petitioner
nor any other person has filed an action or received compensation for her vaccine-related
injury. Petition at ¶¶ 1, 14-16. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On December 14, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On June 8, 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-01502-UNJ Document 37 Filed 07/08/22 Page 2 of 5
of compensation (“Proffer”) indicating Petitioner should be awarded $74,389.02. Proffer
at 2. 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 $74,389.02 (representing $72,500.00 for pain and suffering and
$1,889.02 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-01502-UNJ Document 37 Filed 07/08/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
REGINA MILEOUSKI, )
)
Petitioner, )
) No. 20-1502V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 30, 2020, Regina Mileouski (“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 a result of an influenza (“flu”) vaccine she received in her right
deltoid on October 12, 2019. Petition at 1. On December 13, 2021, the Secretary of Health and
Human Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be
awarded for a shoulder injury related to vaccine administration (“SIRVA”), and the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation on
December 14, 2021. ECF No. 24; ECF No. 25.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $72,500.00 in actual pain and
suffering. Petitioner agrees.

Case 1:20-vv-01502-UNJ Document 37 Filed 07/08/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Regina Mileouski’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent now proffers that,
based on the Chief Special Master’s entitlement decision and the evidence of record, petitioner
should be awarded past unreimbursable expenses in the amount of $1,889.02, as provided under
the Vaccine Act, 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 $74,389.02, representing
compensation for pain and suffering ($72,500.00), and past unreimbursable expenses
($1,889.02), in the form of a check payable to petitioner, Regina Mileouski.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Regina Mileouski: $74,389.02
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-01502-UNJ Document 37 Filed 07/08/22 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
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) 514-9729
Email: sarah.c.duncan@usdoj.gov
DATED: June 8, 2022
3