VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01508
Package ID: USCOURTS-cofc-1_20-vv-01508
Petitioner: Annette Thompson
Filed: 2020-11-02
Decided: 2022-05-20
Vaccine: influenza
Vaccination date: 2019-09-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 98591

AI-assisted case summary:
Annette Thompson filed a petition on November 2, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 27, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 28, 2022, conceding entitlement to compensation. The respondent noted that Ms. Thompson had no prior history of shoulder issues, her pain and reduced range of motion began within 48 hours of vaccination, and her symptoms were confined to the vaccinated shoulder, with no other condition identified to explain them. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 17, 2022, finding Ms. Thompson entitled to compensation. Subsequently, on April 6, 2022, the respondent filed a proffer on award of compensation. The proffer recommended a total award of $98,591.20, comprising $97,500.00 for pain and suffering and $1,091.20 for past unreimbursable expenses. Ms. Thompson, an adult, agreed with this proposed award. On May 20, 2022, Chief Special Master Corcoran issued a decision awarding Ms. Thompson the lump sum of $98,591.20, payable by check to her. The decision was based on the stipulation and proffer filed by the parties. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Michael Johnson Dunn Brown of the U.S. Department of Justice.

Theory of causation field:
Petitioner Annette Thompson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on September 27, 2019. The respondent conceded entitlement, noting the absence of prior shoulder issues, symptom onset within 48 hours of vaccination, symptoms limited to the vaccinated shoulder, and no other identified condition explaining the symptoms. This aligns with a "Table Injury" theory under the National Vaccine Injury Compensation Program. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 17, 2022. Subsequently, a proffer on award of compensation was filed on April 6, 2022, recommending $97,500.00 for pain and suffering and $1,091.20 for past unreimbursable expenses, totaling $98,591.20. Petitioner agreed with the award. Chief Special Master Corcoran issued a decision awarding this lump sum on May 20, 2022. Petitioner was represented by Ronald Craig Homer and respondent by Michael Johnson Dunn Brown.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-01508-0
Date issued/filed: 2022-03-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/17/2022) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01508-UNJ Document 28 Filed 03/21/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1508V
UNPUBLISHED
ANNETTE THOMPSON, Chief Special Master Corcoran
Petitioner, Filed: February 17, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Michael Johnson Dunn Brown, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On November 2, 2020, Annette Thompson 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 suffered a shoulder injury related to vaccine
administration (SIRVA) resulting from the administration of an influenza (flu) vaccination
on September 27, 2019. Petition at 1. Petitioner further alleges that the vaccination was
administered within the United States, she suffered the residual effects of her injury for
more than six months, and no lawsuits have been filed or settlements or awards accepted
by anyone, including the petitioner, due to Petitioner’s vaccine-related injury. Petition at
15. 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-01508-UNJ Document 28 Filed 03/21/22 Page 2 of 2
On January 28, 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 determined that “[P]etitioner had no history of pain,
inflammation or dysfunction in her left shoulder; her pain and reduced range of motion
occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms 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 5-6 (footnote omitted).
Respondent concluded that Petitioner has satisfied all legal prerequisites for
compensation under the Act. Id. at 6. Respondent further agrees that the scope of
damages to be awarded is limited to petitioner’s SIRVA and its related sequelae only. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-01508-1
Date issued/filed: 2022-05-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/07/2022) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01508-UNJ Document 34 Filed 05/20/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1508V
UNPUBLISHED
ANNETTE THOMPSON, Chief Special Master Corcoran
Petitioner, Filed: April 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Michael Johnson Dunn Brown, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On November 2, 202, Annette Thompson 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 suffered a shoulder injury related to vaccine
administration (SIRVA) resulting from the administration of an influenza (flu) vaccination
on September 27, 2019. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 17, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On April 6, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $98,591.20, including
$97,500.00 in actual pain and suffering and $1,091.20 for past unreimbursable expenses.
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-01508-UNJ Document 34 Filed 05/20/22 Page 2 of 5
Proffer at 1-2. 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 $98,591.20, including $97,500.00 in actual pain and suffering and
$1,091.20 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-01508-UNJ Document 34 Filed 05/20/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ANNETTE THOMPSON, )
Petitioner, )
) No. 20-1508V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 2, 2020, Annette Thompson (petitioner) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or
“the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleged that he suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine
administered to her on September 27, 2019. Petition at 1. On January 28, 2022, the Secretary of
Health and Human Services (“respondent”) filed a Rule 4(c) Report recommending that
compensation be awarded. ECF No. 24. On March 21, 2022, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 28.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $97,500.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure for past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
1

Case 1:20-vv-01508-UNJ Document 34 Filed 05/20/22 Page 4 of 5
awarded past unreimbursable expenses in the amount of $1,091.20, as provided under the
Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). 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 $98,591.20, representing
compensation for actual pain and suffering ($97,500.00) and past unreimbursable expenses
($1091.20) in the form of a check payable to petitioner, Annette Thompson. Petitioner agrees.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Annette Thompson: $ 98,591.20
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
LARA A. ENGLUND
Assistant 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-01508-UNJ Document 34 Filed 05/20/22 Page 5 of 5
/s/ Michael J. Brown
MICHAEL J. BROWN
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) 451-7730
Michael.j.brown3@usdoj.gov
DATED: April 5, 2022
3