VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01701
Package ID: USCOURTS-cofc-1_20-vv-01701
Petitioner: Pamela Havice
Filed: 2020-11-30
Decided: 2023-02-28
Vaccine: influenza
Vaccination date: 2019-10-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85801

AI-assisted case summary:
Pamela Havice filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on October 29, 2019, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Havice's claim met the Table criteria for SIRVA and that she was entitled to compensation. Following the ruling on entitlement, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $85,801.26, comprising $85,000.00 for pain and suffering and $801.26 for unreimbursed medical expenses. Ms. Havice agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Havice the lump sum of $85,801.26, representing compensation for all damages available under the Vaccine Act. The case was resolved through this stipulated award.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01701-0
Date issued/filed: 2022-12-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/24/2022) regarding 43 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01701-UNJ Document 47 Filed 12/07/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1701V
UNPUBLISHED
PAMELA HAVICE, Chief Special Master Corcoran
Petitioner, Filed: October 24, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 30, 2020, Pamela Havice filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”), and an amended petition on May 11, 2021. Petitioner alleges that she
received an influenza vaccine on October 29, 2019 and suffered a shoulder injury related
to vaccine administration (“SIRVA”) thereafter. Petition at 1. Petitioner further alleges the
vaccine was administered within the United States, that she suffered the residual effects
of this injury for more than six months, and that there has been no award or settlement
for his vaccine injuries. Petition at 12. 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-01701-UNJ Document 47 Filed 12/07/22 Page 2 of 2
On October 20, 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 concluded that Petitioner’s claim meets the Table criteria
for a SIRVA. Id. at 6. Respondent further agrees that Petitioner has met the jurisdictional
requirements of the Vaccine Act. Id. at 6.
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-01701-1
Date issued/filed: 2023-02-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/25/2023) regarding 51 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01701-UNJ Document 55 Filed 02/28/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1701V
UNPUBLISHED
PAMELA HAVICE, Chief Special Master Corcoran
Petitioner, Filed: January 25, 2023
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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 30, 2020, Pamela Havice 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 29, 2019. Petition at 1-2. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On October 24, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On January 23, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $85,801.26
(comprised of $85,000.00 for pain and suffering and $801.26 for unreimbursed medical
expenses). Proffer at 1-2. 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-01701-UNJ Document 55 Filed 02/28/23 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 $85,801.26 (comprised of $85,000.00 for pain and suffering and
$801.26 for unreimbursed medical 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-01701-UNJ Document 55 Filed 02/28/23 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
PAMELA HAVICE,
Petitioner,
Case No. 20-1701V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On November 30, 2020, Pamela Havice (“petitioner”) filed a petition for
compensation (“Pet.”) 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 from a left shoulder injury related to vaccine administration as a result
of an influenza (“flu”) vaccine administered on October 29, 2019. Amended Pet. at 1-2.
On October 20, 2022, respondent filed his Rule 4(c) Report, conceding entitlement
in this case. ECF Doc. No. 42 at 1. On October 24, 2022, the Court issued its Ruling on
Entitlement, finding that petitioner was entitled to compensation. ECF Doc. No. 43.
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $85,801.26. The award is comprised of the following: $85,000.00 for pain and

Case 1:20-vv-01701-UNJ Document 55 Filed 02/28/23 Page 4 of 5
suffering and $801.26 for unreimbursed medical expenses. This amount represents all
elements of compensation to which petitioner would be entitled under
42 U.S.C. § 300aa-15(a) regarding her October 29, 2019, flu vaccination. Petitioner
agrees.1
III. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $85,801.26, in the form of a check payable to petitioner.
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
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
DARRYL R. WISHARD
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 medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:20-vv-01701-UNJ Document 55 Filed 02/28/23 Page 5 of 5
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: January 23, 2023
3