VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01551
Package ID: USCOURTS-cofc-1_20-vv-01551
Petitioner: Deborah Wharton
Filed: 2022-02-15
Decided: 2022-03-30
Vaccine: influenza
Vaccination date: 2019-10-03
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 62829

AI-assisted case summary:
Deborah Wharton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 3, 2019. The respondent conceded that Ms. Wharton was entitled to compensation, finding that she met the criteria for SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that she had no prior shoulder issues, her pain began within 48 hours of the vaccination, the pain was limited to the injection site, and no other condition explained her symptoms. A ruling on entitlement was issued on February 15, 2022, finding her eligible for compensation. Subsequently, on February 18, 2022, the respondent filed a proffer recommending an award of $62,829.00, which included $62,500.00 for pain and suffering and $329.00 for unreimbursed medical expenses. Ms. Wharton agreed with this proposed award. On March 30, 2022, the court awarded Ms. Wharton the stipulated lump sum of $62,829.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01551-0
Date issued/filed: 2022-03-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/15/2022) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01551-UNJ Document 28 Filed 03/18/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1551V
UNPUBLISHED
DEBORAH WHARTON, Chief Special Master Corcoran
Petitioner, Filed: February 15, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 9, 2020, Deborah Wharton 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 left shoulder injuries related to vaccine
administration (SIRVA), resulting from the influenza (flu) vaccine she received on October
3, 2019. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, her symptoms lasted for more than six months, and neither she, nor any
other party, has ever filed an action for her vaccine-related injury. Petition at 1,3. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
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 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-01551-UNJ Document 28 Filed 03/18/22 Page 2 of 2
1. Respondent found that Petitioner suffered a SIRVA of the left shoulder as defined by
the Vaccine Injury Table. Id. at 3. Specifically, Respondent determined that “[P]etitioner
had no recent history of pain, inflammation, or dysfunction of her left shoulder; the onset
of pain occurred within 48 hours after receipt of an intramuscular vaccination; the pain
was limited to the shoulder where the vaccine was administered; and, no other condition
or abnormality, such as brachial neuritis, has been identified to explain petitioner’s left
shoulder symptoms.” Id. at 3-4 (citations omitted). Respondent concluded that
“[P]etitioner has satisfied all legal prerequisites for compensation under the Vaccine Act.”
Id. at 4.
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-01551-1
Date issued/filed: 2022-03-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/22/2022) regarding 23 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01551-UNJ Document 29 Filed 03/30/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1551V
UNPUBLISHED
DEBORAH WHARTON, Chief Special Master Corcoran
Petitioner, Filed: February 22, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 9, 2020, Deborah Wharton 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 left shoulder injuries related to vaccine
administration (SIRVA), resulting from the influenza vaccination she received on October
3, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On February 15, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On February 18, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $62,829.00
($62,500.00 for pain and suffering and $329.00 for unreimbursed medical expenses).
Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the
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-01551-UNJ Document 29 Filed 03/30/22 Page 2 of 4
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 $62,829.00 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-01551-UNJ Document 29 Filed 03/30/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DEBORAH WHARTON,
)
)
Petitioner,
) No. 20-1551V
v.
) Chief Special Master Corcoran
)
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On January 24, 2022, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. On February 15, 2022, Chief Special Master
Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based
upon the evidence of record, respondent proffers that petitioner should be awarded $62,829.00.
The award is comprised of the following: $62,500.00 for pain and suffering and $329.00 for
unreimbursed medical expenses. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:20-vv-01551-UNJ Document 29 Filed 03/30/22 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $62,829.00, in the form of a check payable to petitioner.1 Petitioner
agrees.
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ JEREMY C. FUGATE
JEREMY C. FUGATE
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) 598-3831
Dated: February 18, 2022 Jeremy.Fugate2@usdoj.gov
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.