VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01616
Package ID: USCOURTS-cofc-1_20-vv-01616
Petitioner: Cynthia Cole
Filed: 2020-11-18
Decided: 2023-09-13
Vaccine: influenza
Vaccination date: 2019-10-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 119939

AI-assisted case summary:
Cynthia Cole filed a petition for compensation under the National Vaccine Injury Compensation Program on November 18, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 3, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 16, 2022, conceding that Ms. Cole was entitled to compensation. The respondent confirmed that Ms. Cole met the criteria for a SIRVA Table injury, timely filed her petition, received the vaccine in the United States, and suffered residual effects for more than six months post-vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 19, 2022, finding Ms. Cole entitled to compensation. Subsequently, on July 18, 2023, the respondent filed a Proffer on Award of Compensation, which Ms. Cole agreed to. On September 13, 2023, Chief Special Master Corcoran issued a Decision on Damages, awarding Ms. Cole a total of $119,939.10. This award consisted of $115,000.00 for pain and suffering and $4,939.10 for past unreimbursable expenses. The award was made as a lump sum payment to Ms. Cole, who is a competent adult. Petitioner was represented by Brian L. Cinelli of Marcus & Cinelli, LLP, and respondent was represented by Martin Conway Galvin of the U.S. Department of Justice.

Theory of causation field:
Petitioner Cynthia Cole alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 3, 2019. The respondent conceded entitlement, agreeing that the injury qualified as a Table injury under 42 C.F.R. §§100.3(a)(XIV)(B) and 100.3(c)(10), and that the petitioner met the statutory requirements for timely filing, US administration of the vaccine, and residual effects for over six months. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 19, 2022, finding entitlement based on the respondent's concession. A subsequent Decision on Damages on September 13, 2023, awarded Petitioner $119,939.10, comprising $115,000.00 for pain and suffering and $4,939.10 for past unreimbursable expenses, as a lump sum payment. Petitioner was represented by Brian L. Cinelli and respondent by Martin Conway Galvin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01616-0
Date issued/filed: 2022-09-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/19/2022) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01616-UNJ Document 31 Filed 09/28/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1616V
UNPUBLISHED
CYNTHIA COLE, Chief Special Master Corcoran
Petitioner, Filed: August 19, 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)
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 18, 2020, Cynthia Cole 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 administered on
October 3, 2019. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On August 16, 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 indicates that “[P]etitioner has satisfied the criteria set forth in
the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”)
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-01616-UNJ Document 31 Filed 09/28/22 Page 2 of 2
for SIRVA.” Id. at 6 (citing 42 C.F.R. §§100.3(a)( XIV)(B), 100.3(c)(10)). Respondent
further agrees that Petitioner “timely filed her petition, . . . received the flu vaccine in the
United States, and . . . satisfies the statutory severity requirement by suffering the residual
effects or complications of her injury for more than six months after vaccine
administration.” Id. (citing 42 U.S.C. §§ 300aa-11(c)(1)(D)(i)).
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-01616-1
Date issued/filed: 2023-09-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/19/2023) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01616-UNJ Document 47 Filed 09/13/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No 20-1616V
CYNTHIA COLE, Chief Special Master Corcoran
Petitioner,
v. Filed: July 19, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On November 18, 2020, Cynthia Cole 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 administered on
October 3, 2019. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On August 19, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On July 18, 2023, Respondent filed a proffer on award of
compensation (“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.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of
2002. 44 U.S.C. § 3501 note (2018) (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-01616-UNJ Document 47 Filed 09/13/23 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $119,939.10 (representing $115,000.00 for pain and suffering, and
$4,939.10 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-01616-UNJ Document 47 Filed 09/13/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CYNTHIA COLE, )
)
Petitioner, )
) No. 20-1616V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 18, 2020, Cynthia Cole (“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 left-sided shoulder injury related to
vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, following the
administration of an influenza vaccination on October 3, 2019. Petition at 1-2. On August 16,
2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report
indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA
Table injury, and on August 19, 2022, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 27; ECF No. 28.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $115,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01616-UNJ Document 47 Filed 09/13/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $4,939.10. See 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 and requests that the Chief Special Master’s decision and the Court’s
judgment award the following1: a lump sum payment of $119,939.10, in the form of a check
payable to petitioner, Cynthia Cole.
III. Summary of Recommended Payment Following Judgment
Lump sum award payable to petitioner, Cynthia Cole: $119,939.10.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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.
2

Case 1:20-vv-01616-UNJ Document 47 Filed 09/13/23 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Martin C. Galvin
MARTIN C. GALVIN
Trial Attorney, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-3071
Martin.Galvin@usdoj.gov
Dated: July 18, 2023
3