VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01664
Package ID: USCOURTS-cofc-1_20-vv-01664
Petitioner: Lisa Eisman
Filed: 2020-11-24
Decided: 2023-01-25
Vaccine: influenza
Vaccination date: 2019-09-12
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 68500

AI-assisted case summary:
Lisa Eisman filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 12, 2019. She stated the vaccine was administered in the United States, her injury caused residual effects for more than six months, and she had not received other compensation. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Eisman was entitled to compensation. The respondent concluded that her condition met the criteria set forth in the Vaccine Injury Table for SIRVA and that she satisfied the other statutory and jurisdictional requirements of the Vaccine Act. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Eisman entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $68,500.00 for pain and suffering. Ms. Eisman agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Eisman a lump sum payment of $68,500.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01664-0
Date issued/filed: 2022-07-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/15/2022) regarding 37 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. (Main Document 40 replaced on 7/28/2022 to correct the date the claim was filed.) (fm).
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Case 1:20-vv-01664-UNJ Document 40 Filed 07/21/22 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1664V
UNPUBLISHED
LISA EISMAN, Chief Special Master Corcoran
Petitioner, Filed: June 15, 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)
Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodbridge, IL, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 24, 2020, Lisa Eisman 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 shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered
on September 12, 2019. Petition at 1. Petitioner further alleges that the vaccine was
administered within the United States, that she has suffered from the residual effects of
her injury for more than six months, and that she has not received any award or
compensation due to her injury. Petition at 1, 10. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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-01664-UNJ Document 40 Filed 07/21/22 Page 2 of 2
On June 14, 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 concluded that Petitioner has satisfied the criteria set forth in
the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a SIRVA. Id.
at 4. Respondent further agrees that that Petitioner has satisfied the other statutory and
jurisdictional requirements of the Vaccine 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-01664-1
Date issued/filed: 2023-01-25
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/21/2022) regarding 53 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01664-UNJ Document 61 Filed 01/25/23 Page 1 of 5
Corrected
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1664V
UNPUBLISHED
LISA EISMAN, Chief Special Master Corcoran
Petitioner, Filed: December 21, 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)
Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodridge, IL, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 24, 2020, Lisa Eisman 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”) following the administration of an influenza (“flu”) vaccine on
September 12, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On June 15, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On December 20, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $68,500.00 in pain
and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees
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-01664-UNJ Document 61 Filed 01/25/23 Page 2 of 5
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 $68,500.00 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-01664-UNJ Document 61 Filed 01/25/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LISA EISMAN, )
)
Petitioner, )
) No. 20-1664
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 24, 2020, Lisa Eisman (“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 the administration
of an influenza vaccine on September 12, 2019. Petition at 1. On June 14, 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
subsequently the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled
to compensation. ECF No. 37; 40.
I. Items of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $68,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01664-UNJ Document 61 Filed 01/25/23 Page 4 of 5
This amount represents 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 $68,500.00, representing economic and
noneconomic damages, in the form of a check payable to petitioner, Lisa Eisman.
III. Summary of Recommended Payment Following Judgment
Lump sum award payable to petitioner, Lisa Eisman: $68,500.00.
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
ALEXIS B. BABCOCK
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.
2

Case 1:20-vv-01664-UNJ Document 61 Filed 01/25/23 Page 5 of 5
/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: December 20, 2022
3