VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01638
Package ID: USCOURTS-cofc-1_20-vv-01638
Petitioner: Jillian Merrill
Filed: 2020-11-23
Decided: 2022-04-18
Vaccine: influenza
Vaccination date: 2019-10-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 58000

AI-assisted case summary:
Jillian Merrill filed a petition for compensation under the National Vaccine Injury Compensation Program on November 23, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 7, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 7, 2022, conceding that the petitioner's medical course was consistent with a SIRVA Table injury and that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 8, 2022, finding Ms. Merrill entitled to compensation. Subsequently, on March 11, 2022, the parties submitted a proffer agreement. The respondent proposed an award of $58,000.00 for pain and suffering, to which the petitioner agreed. In a Decision Awarding Damages dated April 18, 2022, Chief Special Master Corcoran adopted the proffer, awarding Jillian Merrill a lump sum payment of $58,000.00, representing compensation for all available damages. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jillian Merrill alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 7, 2019. The respondent conceded that petitioner's medical course was consistent with a SIRVA Table injury and that she suffered residual effects for more than six months. The case proceeded to a Ruling on Entitlement issued by Chief Special Master Brian H. Corcoran on March 8, 2022, finding entitlement. A subsequent Decision Awarding Damages, also by Chief Special Master Corcoran on April 18, 2022, awarded a lump sum of $58,000.00 for pain and suffering based on a joint proffer. Petitioner was represented by Paul R. Brazil and respondent by Colleen Clemons Hartley. The theory of causation relied on the Vaccine Injury Table for SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01638-0
Date issued/filed: 2022-04-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/08/2022) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01638-UNJ Document 33 Filed 04/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1638V
UNPUBLISHED
JILLIAN MERRILL, Chief Special Master Corcoran
Petitioner, Filed: March 8, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On November 23, 2020, Jillian Merrill 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 7, 2019. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 7, 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 “has determined that [P]etitioner’s medical course is consistent
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-01638-UNJ Document 33 Filed 04/08/22 Page 2 of 2
with a [SIRVA] as defined by the Vaccine Injury Table. Id. at 5. Respondent further agrees
that “[P]etitioner suffered the residual effects of her condition for more than six months.”
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-01638-1
Date issued/filed: 2022-04-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/15/2022) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01638-UNJ Document 34 Filed 04/18/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1638V
UNPUBLISHED
JILLIAN MERRILL, Chief Special Master Corcoran
Petitioner, Filed: March 15, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On November 23, 2020, Jillian Merrill 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 7, 2019. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 8, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On March 11, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $58,000.00 in pain and
suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with
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-01638-UNJ Document 34 Filed 04/18/22 Page 2 of 5
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 $58,000.00 (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-01638-UNJ Document 34 Filed 04/18/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JILLIAN MERRILL, )
)
Petitioner, )
) No. 20-1638V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 23, 2020, Jillian Merrill (“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 Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine she received on October 7, 2019. Petition at 1. On March 7, 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 March 8, 2022, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 24; ECF No. 25.
I. Item of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $58,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01638-UNJ Document 34 Filed 04/18/22 Page 4 of 5
This amount 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 $58,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Jillian Merrill: $58,000.00
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-01638-UNJ Document 34 Filed 04/18/22 Page 5 of 5
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
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) 616-3644
Email: colleen.hartley@usdoj.gov
DATED: March 11, 2022
3