VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01737
Package ID: USCOURTS-cofc-1_20-vv-01737
Petitioner: Brenda Lindsey
Filed: 2020-12-02
Decided: 2023-01-10
Vaccine: influenza
Vaccination date: 2018-12-29
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 77500

AI-assisted case summary:
Brenda Lindsey filed a petition for compensation under the National Vaccine Injury Compensation Program on December 2, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on December 29, 2018. She stated the vaccine was administered in the United States, she suffered residual effects for more than six months, and had not filed a civil action. The respondent conceded entitlement, agreeing that she had no prior shoulder issues, her pain occurred within 48 hours of vaccination, was limited to the vaccinated shoulder, and no other condition explained the pain. The respondent also agreed she met the six-month residual effects requirement and all other legal prerequisites. A ruling on entitlement was issued on November 23, 2022, finding her entitled to compensation. Subsequently, on November 30, 2022, the respondent filed a proffer agreeing to an award of $77,500.00 for all damages, including pain and suffering, which the petitioner accepted. On January 10, 2023, the court awarded Brenda Lindsey a lump sum payment of $77,500.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01737-0
Date issued/filed: 2023-01-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/23/2022) regarding 48 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01737-UNJ Document 56 Filed 01/03/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1737V
UNPUBLISHED
BRENDA LINDSEY, Chief Special Master Corcoran
Petitioner, Filed: November 23, 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)
Ramon Rodriguez, III, Sands Anderson PC, Richmond, VA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 2, 2020, Brenda Lindsey 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 shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on December
29, 2018. Petition at 1. Petitioner further alleges the vaccine was administered in the
United States, she suffered the residual effects or complications of her injury for more
than six months, and neither Petitioner, nor anyone on her behalf, has filed a civil action
for her vaccine-related injuries or received or collected an award or settlement of any civil
action for damages for her vaccine-related injuries. Petition at ¶¶ 3, 16, 17. 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-01737-UNJ Document 56 Filed 01/03/23 Page 2 of 2
On November 22, 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 agrees that “petitioner had no history of pain,
inflammation, or dysfunction of her left shoulder, pain occurred within 48 hours after
receipt of an intramuscular vaccination; pain was limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality has been identified to
explain petitioner’s shoulder pain.” Id. at 5. Respondent further agrees that “based on the
medical records outlined [in the Rule 4(c) Report], petitioner suffered the residual effects
of her condition for more than six months . . . [and] 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-01737-1
Date issued/filed: 2023-01-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/02/2022) regarding 52 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01737-UNJ Document 57 Filed 01/10/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1737V
UNPUBLISHED
BRENDA LINDSEY, Chief Special Master Corcoran
Petitioner, Filed: December 2, 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)
Ramon Rodriguez, III, Sands Anderson PC, Richmond, VA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 2, 2020, Brenda Lindsey 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 shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on December
29, 2018. Petition at 1. Petitioner further alleges the vaccine was administered in the
United States, she suffered the residual effects or complications of her injury for more
than six months, and neither Petitioner, nor anyone on her behalf, has filed a civil action
for her vaccine-related injuries or received or collected an award or settlement of any civil
action for damages for her vaccine-related injuries. Petition at ¶¶ 3, 16, 17. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
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-01737-UNJ Document 57 Filed 01/10/23 Page 2 of 5
On November 23, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On November 30, 2022, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $77,500.00.
Proffer at 2. In the Proffer, Respondent 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 $77,500.00 (representing all damages, including 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-01737-UNJ Document 57 Filed 01/10/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BRENDA LINDSEY,
Petitioner,
v. No. 20-1737V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On December 2, 2020, petitioner, Brenda Lindsey, filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended (the “Vaccine Act”), 42
U.S.C. §§ 300aa-1 to -34, alleging that she developed a left shoulder injury related to vaccine
administration (“SIRVA”), as identified in the Vaccine Injury Table (“Table”), 42 C.F.R.
§ 100.3(a), after she received an influenza vaccination on December 29, 2018. See Petition.
On November 22, 2022, respondent, the Secretary of Health and Human Services, filed a
Rule 4(c) Report, indicating that this case is appropriate for compensation under the terms of the
Vaccine Act for a SIRVA Table injury, and on November 23, 2022, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 47, 48.
II. Items of Compensation
Based on the record evidence, respondent proffers that petitioner should be awarded a
lump sum of $77,500.00, for all damages, including pain and suffering. This amount represents
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:20-vv-01737-UNJ Document 57 Filed 01/10/23 Page 4 of 5
all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
III. 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 following: a lump sum payment of $77,500.00, in the form
of a check payable to petitioner.2 Petitioner agrees.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:20-vv-01737-UNJ Document 57 Filed 01/10/23 Page 5 of 5
/s/ NINA Y. REN
NINA Y. REN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington D.C. 20044-0146
(202) 451-7499
Nina.Ren@usdoj.gov
DATED: November 30, 2022
3