VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01538
Package ID: USCOURTS-cofc-1_20-vv-01538
Petitioner: Helena McHale
Filed: 2020-11-06
Decided: 2022-10-18
Vaccine: influenza
Vaccination date: 2019-10-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 62725

AI-assisted case summary:
Helena McHale filed a petition for compensation under the National Vaccine Injury Compensation Program on November 6, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 8, 2019. She stated that her injury was a defined Table injury and that she received the vaccine in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation. Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, finding that her case met the criteria for a Table injury. Subsequently, on October 18, 2022, a decision awarding damages was issued. The parties agreed to a settlement, and the court awarded Helena McHale $62,500.00 for pain and suffering and $225.02 to satisfy a Medicaid lien, for a total award of $62,725.02.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01538-0
Date issued/filed: 2022-08-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/22/2022) regarding 37 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01538-UNJ Document 41 Filed 08/23/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1538V
UNPUBLISHED
HELENA MCHALE, Chief Special Master Corcoran
Petitioner, Filed: July 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)
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 6, 2020, Helena McHale 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
injury (“SIRVA”), a defined Table injury, after receiving the influenza vaccine on October
8, 2019. Petition at 1, ¶¶ 2, 23. In the alternative, Petitioner alleges that her shoulder
injury and/or injuries were caused-in-fact by the influenza vaccine she received. Id. at 1,
¶¶ 2, 24. Petitioner further alleges that she received the vaccine within the United States,
that she suffered the residual effects of her SIRVA injury for more than six months, and
that neither she nor any other party has filed a civil action or received compensation for
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-01538-UNJ Document 41 Filed 08/23/22 Page 2 of 2
her SIRVA injury. Petition at ¶¶ 2, 26-28. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On July 22, 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.
ECF No. 35. Specifically, Respondent believes “that [P]etitioner has satified the criteria
set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”).” Id. at 5-6.
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-01538-1
Date issued/filed: 2022-10-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/16/2022) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01538-UNJ Document 47 Filed 10/18/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1538V
UNPUBLISHED
HELENA MCHALE, Chief Special Master Corcoran
Petitioner, Filed: September 16, 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)
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 6, 2020, Helena McHale 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
injury (“SIRVA”), a defined Table injury, after receiving the influenza vaccine on October
8, 2019. Petition at 1, ¶¶ 2, 23. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On July 22, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. On September 16, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $62,500.00 for
her pain and suffering and $225.02 for satisfaction of the Saratoga County Department
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-01538-UNJ Document 47 Filed 10/18/22 Page 2 of 5
of Social Services Medicaid lien. 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 $62,725.02 as
follows:
1. A lump sum payment of $62,500.00 in the form of a check payable to
Petitioner; and
2. A lump sum payment of $225.02, representing reimbursement of a Medicaid
lien for services rendered to Petitioner by the Saratoga County Department
of Social Services, in the form of a check payable jointly to Petitioner and
Saratoga County Department of Social Services, and mailed to:
Saratoga County Department of Social Services
152 West High Street
Ballston Spa, New York 12020
Proffer at 2. Petitioner agrees to endorse the check to Saratoga County Department of
Social Services for satisfaction of the Medicaid lien. This amount represents
compensation for all items of damages that would be available under Section 15(a). Id.
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-01538-UNJ Document 47 Filed 10/18/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
HELENA MCHALE, )
) No. 20-1538V ECF
Petitioner, ) Chief Special Master Corcoran
) ECF
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
On November 6, 2020, Helena McHale (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
to - 34, as amended. She alleges that she sustained a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, within the Table time period
following administration of an influenza (“flu”) vaccine she received on October 8, 2019. See
Petition. On July 22, 2022, respondent filed his Vaccine Rule 4(c) report, indicating that this
case is appropriate for compensation under the terms of the Act for a SIRVA Table injury. ECF
No. 35. On July 22, 2022, the Chief Special Master issued a ruling on entitlement, finding that
petitioner was entitled to compensation for a SIRVA Table injury. ECF No. 37.
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $62,500.00 for pain and suffering, in the form of a check payable to petitioner.
Petitioner agrees.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:20-vv-01538-UNJ Document 47 Filed 10/18/22 Page 4 of 5
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the Saratoga
County Department of Social Services Medicaid lien in the amount of $225.02, which represents
full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the
Saratoga County Department of Social Services may have against any individual as a result of
any Medicaid payments Saratoga County Department of Social Services has made to or on
behalf of petitioner from the date of her eligibility for benefits through the date of judgment in
this case as a result of her alleged vaccine-related injury suffered on or about October 8, 2019,
under Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
two lump sum payments described below, and request that the Chief Special Master’s decision
and the Court’s judgment award the following: 2
A. A lump sum payment of $62,500.00 in the form of a check payable to petitioner; and
B. A lump sum payment of $225.02, representing compensation for satisfaction of
Saratoga County Department of Social Services Medicaid lien, in the form of a check
payable jointly to petitioner and:
Saratoga County Department of Social Services
152 West High Street
Ballston Spa, New York 12020
Petitioner agrees to endorse the check to Saratoga County Department of Social Services
for satisfaction of the Medicaid lien.
2 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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:20-vv-01538-UNJ Document 47 Filed 10/18/22 Page 5 of 5
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
s/ Tyler C. King
TYLER C. KING
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) 305-0730
Tyler.King@usdoj.gov
Dated: September 16, 2022
3