VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01619
Package ID: USCOURTS-cofc-1_20-vv-01619
Petitioner: Lois Bejma
Filed: 2021-03-29
Decided: 2021-09-14
Vaccine: influenza
Vaccination date: 2019-10-04
Condition: left deltoid abscess
Outcome: compensated
Award amount USD: 44320

AI-assisted case summary:
Lois Bejma filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left deltoid abscess caused by her influenza vaccination on October 4, 2019. The respondent, the Secretary of Health and Human Services, reviewed the petition and supporting documentation and conceded that Ms. Bejma developed an abscess at the vaccination site, which was more likely than not caused by the flu vaccine. No other causes for the abscess were identified. The respondent further agreed that the injury resulted in inpatient hospitalization and surgical intervention, satisfying the legal prerequisites for compensation. On March 29, 2021, a ruling on entitlement was issued, finding Ms. Bejma entitled to compensation. Subsequently, on August 11, 2021, the respondent filed a proffer on award of compensation, recommending a total award of $44,320.13. This amount included $42,000.00 for pain and suffering, $920.13 for past unreimbursable expenses, and $1,400.00 for past lost wages. Ms. Bejma agreed with the proffered award. On September 14, 2021, the Chief Special Master issued a decision awarding Ms. Bejma the stipulated lump sum of $44,320.13.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01619-0
Date issued/filed: 2021-04-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/29/2021) regarding 16 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01619-UNJ Document 18 Filed 04/29/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1619V
UNPUBLISHED
LOIS BEJMA, Chief Special Master Corcoran
Petitioner, Filed: March 29, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Causation-In-Fact; Influenza (Flu)
Vaccine; Abscess
Respondent.
Brynna Gang, CK Law Group, Chicago, IL, for petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On November 18, 2020, Lois Bejma 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 from a left deltoid abscess that was
caused-in-fact by her October 4, 2019 influneza (“flu”) vaccination. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On March 26, 2021, 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:20-vv-01619-UNJ Document 18 Filed 04/29/21 Page 2 of 2
1. Specifically, Respondent indicates that
medical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
petition and supporting documentation filed in this case and concluded that
petitioner developed an abscess on her left deltoid, which in fact was more
likely than not caused by administration of a flu vaccine at the same
location. No other causes for petitioner’s abscess have been identified. See
42 U.S.C. § 300aa-13(a)(1)(B).
Id. at 6. Respondent further agrees that “petitioner’s injury ‘resulted in inpatient
hospitalization and surgical intervention.’ See 42 U.S.C.§ 300aa-11(c)(1)(D)(iii).
Therefore, based on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Act.” 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

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01619-1
Date issued/filed: 2021-09-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/12/2021) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01619-UNJ Document 28 Filed 09/14/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1619V
UNPUBLISHED
LOIS BEJMA, Chief Special Master Corcoran
Petitioner, Filed: August 12, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Deltoid
Abscess
Respondent.
Brynna Gang, CK Law Group, Chicago, IL, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 18, 2020, Lois Bejma 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 left deltoid abscess as a result of
receiving an influneza (“flu”) vaccination on October 4, 2019. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 29, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a left deltoid abscess. On August 11, 2021, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $44,320.13
(representing $42,000.00 in pain and suffering, $920.13 in past unreimbursable
expenses, and $1,400.00 in past lost wages). Proffer at 1-2. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:20-vv-01619-UNJ Document 28 Filed 09/14/21 Page 2 of 5
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 $44,320.13 (representing $42,000.00 in pain and suffering, $920.13
in past unreimbursable expenses, and $1,400.00 in past lost wages) 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 the 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-01619-UNJ Document 28 Filed 09/14/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LOIS BEJMA, )
)
Petitioner, )
) No. 20-1619V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 18, 2020, Lois Bejma (“petitioner”) filed a petition for compensation
(“Petition”) 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 from a left deltoid abscess as a result of
receiving an influenza (“flu”) vaccination on October 4, 2019. See Petition at Preamble. On
March 26, 2021, 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, and
on March 29, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 14; ECF No. 16.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $42,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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

Case 1:20-vv-01619-UNJ Document 28 Filed 09/14/21 Page 4 of 5
awarded past unreimbursable expenses in the amount of $920.13. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $1,400.00. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 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 $44,320.13, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Lois Bejma: $44,320.13
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting 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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:20-vv-01619-UNJ Document 28 Filed 09/14/21 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Meghan R. Murphy
MEGHAN R. MURPHY
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) 616-4264
meghan.r.murphy@usdoj.gov
DATED: August 11, 2021
3