VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01637
Package ID: USCOURTS-cofc-1_20-vv-01637
Petitioner: Jennifer Walton
Filed: 2022-02-25
Decided: 2022-04-08
Vaccine: influenza
Vaccination date: 2019-10-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Jennifer Walton 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 administered on October 23, 2019. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that her claim met the Table criteria for SIRVA. Respondent also confirmed the case was timely filed, the vaccine was administered in the United States, and Petitioner satisfied the statutory severity requirement. The ruling on entitlement was issued on February 25, 2022, finding Petitioner entitled to compensation. Subsequently, Respondent filed a proffer on award of compensation, recommending an award of $55,000.00 for pain and suffering, which Petitioner agreed to. The decision awarding damages was issued on April 8, 2022, awarding Jennifer Walton a lump sum payment of $55,000.00 in pain and suffering.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-01637-0
Date issued/filed: 2022-03-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/25/2022) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01637-UNJ Document 31 Filed 03/30/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1637V
UNPUBLISHED
JENNIFER WALTON, Chief Special Master Corcoran
Petitioner, Filed: February 25, 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.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 23, 2020, Jennifer Walton 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 that was administered
to her on October 23, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 25, 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 “reviewed the facts of this case and concluded that
petitioner’s claim meets the Table criteria for SIRVA.” Id. at 3. Respondent further agrees
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-01637-UNJ Document 31 Filed 03/30/22 Page 2 of 2
that “the case was timely filed, that the vaccine was administered in the United States,
and that petitioner satisfies the statutory severity requirement.” Id. at 4. He further notes
that “Petitioner also avers that she has not filed a civil action for her vaccine-related injury
and has not received compensation in the form of an award or civil settlement for her
vaccine-related injury.” 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-01637-1
Date issued/filed: 2022-04-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/08/2022) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01637-UNJ Document 32 Filed 04/08/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1637V
UNPUBLISHED
JENNIFER WALTON, Chief Special Master Corcoran
Petitioner, Filed: March 8, 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.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 23, 2020, Jennifer Walton 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 that was administered
to her on October 23, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 25, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 4, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $55,000.00 in
pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner
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-01637-UNJ Document 32 Filed 04/08/22 Page 2 of 5
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 $55,000.00 (in pain and suffering) 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-01637-UNJ Document 32 Filed 04/08/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JENNIFER WALTON,
)
)
Petitioner,
) No. 20-1637V
v.
) Chief Special Master Corcoran
) SPU
SECRETARY OF HEALTH AND HUMAN
) ECF
SERVICES,
)
)
Respondent.
)
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 23, 2020, Jennifer Walton (“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”), as amended. Petitioner alleges that she suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine
administered to her on October 23, 2019. On February 25, 2022, respondent filed his Vaccine
Rule 4(c) report, recommending that compensation be awarded, and later that day, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
I. Items of Compensation
A. Pain and suffering
Respondent proffers that petitioner should be awarded $55,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represent all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

Case 1:20-vv-01637-UNJ Document 32 Filed 04/08/22 Page 4 of 5
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 $55,000.00, in the form of a
check payable to petitioner, Jennifer Walton.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Jennifer Walton: $55,000.00.
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
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.
2

Case 1:20-vv-01637-UNJ Document 32 Filed 04/08/22 Page 5 of 5
s/Traci R. Patton
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 353-1589
E-mail: Traci.Patton@usdoj.gov
Dated: March X, 2022
3