VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01581
Package ID: USCOURTS-cofc-1_20-vv-01581
Petitioner: Jenna Roberts
Filed: 2020-11-12
Decided: 2022-07-01
Vaccine: influenza
Vaccination date: 2019-10-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 120387

AI-assisted case summary:
Jenna Roberts filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 23, 2019. She further alleged that her injuries lasted more than six months. The respondent conceded that Ms. Roberts is entitled to compensation, agreeing that she had no prior history of shoulder issues, that her pain and reduced range of motion began within 48 hours of the vaccination, were limited to the injection site, and that no other condition explained her symptoms. The respondent also confirmed the case was timely filed, the vaccine was received in the United States, and Ms. Roberts met the statutory severity requirement. Based on the respondent's concession and the evidence, the court found Ms. Roberts entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $120,387.59, which included $120,000.00 for pain and suffering and $387.59 for past unreimbursed expenses. Ms. Roberts concurred with this proffered award. The court awarded Ms. Roberts the stipulated lump sum of $120,387.59 for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01581-0
Date issued/filed: 2022-06-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/12/2022) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01581-UNJ Document 35 Filed 06/22/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1581V
UNPUBLISHED
JENNA ROBERTS, Chief Special Master Corcoran
Petitioner, Filed: May 12, 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.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 12, 2020, Jenna Roberts 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
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on
October 23, 2019. Petition at ¶¶ 6, 17. Petitioner further alleges that her “vaccine related
injuries have lasted more than six months.” Petition at ¶16. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On May 11, 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 4.
Specifically, Respondent states that “Petitioner had no history of pain, inflammation or
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-01581-UNJ Document 35 Filed 06/22/22 Page 2 of 2
dysfunction of the affected shoulder prior to intramuscular vaccine administration that
would explain the alleged signs, symptoms, examination findings, and/or diagnostic
studies occurring after vaccine injection; she more likely than not suffered the onset of
pain within forty-eight hours of vaccine administration; her pain and reduced range of
motion were limited to the shoulder in which the intramuscular vaccine was administered;
and there is no other condition or abnormality present that would explain Petitioner’s
symptoms.” Id. at 4-5. Respondent further agrees that “the records show that the case
was timely filed, that the vaccine was received in the United States, and that Petitioner
satisfies the statutory severity requirement by suffering the residual effects or
complications of her injury for more than six months after vaccine administration.” Id. at
5.
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-01581-1
Date issued/filed: 2022-07-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/31/2022) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01581-UNJ Document 36 Filed 07/01/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1581V
UNPUBLISHED
JENNA ROBERTS, Chief Special Master Corcoran
Petitioner, Filed: May 31, 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.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 12, 2020, Jenna Roberts 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
administration as a result of an influenza vaccine she received on October 23, 2019.
Petition at ¶¶ 6, 14-15. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On May 12, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. ECF No. 29. On May 31, 2022, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$120,387.59 (representing $120,000.00 in actual and projected pain and suffering and
$387.59 in past unreimbursed expenses). Proffer at 1. In the Proffer, Respondent
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-01581-UNJ Document 36 Filed 07/01/22 Page 2 of 4
represented that Petitioner agrees with the proffered award. Id. at 2. 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 $120,387.59 (representing $120,000.00 in actual and projected pain
and suffering and $387.59 in past unreimbursed 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-01581-UNJ Document 36 Filed 07/01/22 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JENNA ROBERTS,
Petitioner,
v. No. 20-1581V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 11, 2022, respondent filed his Rule 4(c) Report, recommending that the Court
find petitioner entitled to compensation specifically for a shoulder injury related to vaccine
administration (SIRVA) and related sequelae, regarding which petitioner is entitled to a
presumption of causation under the Vaccine Injury Table. ECF No. 28. The Court found
petitioner entitled to compensation accordingly in a May 12, 2022 Ruling on Entitlement. ECF
No. 29. Respondent now proffers that petitioner be awarded a lump sum of $120,387.59, in the
form of a check payable to petitioner, for all damages available pursuant to 42 U.S.C. § 300aa-
15(a).1 Of this total amount, $120,000.00 represents an award for actual and projected pain and
suffering at net present value, and $387.59 represents an award for past unreimbursed expenses.
Petitioner is a competent adult, and accordingly, guardianship documentation is not required.
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 medical
expenses, future pain and suffering, and future lost wages.

Case 1:20-vv-01581-UNJ Document 36 Filed 07/01/22 Page 4 of 4
Petitioner has reviewed the foregoing and concurs. Petitioner agrees with the proffered
award of $120,387.59.2
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/ RYAN D. PYLES
RYAN D. PYLES
Senior 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) 616-9847
ryan.pyles@usdoj.gov
Dated: May 31, 2022
2 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).