VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01758
Package ID: USCOURTS-cofc-1_20-vv-01758
Petitioner: Lindsay Nowland
Filed: 2020-12-03
Decided: 2022-08-15
Vaccine: influenza
Vaccination date: 2019-10-03
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 63239

AI-assisted case summary:
Lindsay Nowland filed a petition for compensation under the National Vaccine Injury Compensation Program on December 3, 2020, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2019. She alleged the vaccine was administered in the United States, her symptoms persisted for more than six months, and she had not previously filed an action or received compensation for this injury. The case was assigned to the Special Processing Unit. On March 14, 2022, the respondent filed a Rule 4(c) report conceding entitlement to compensation. The respondent agreed that Ms. Nowland had no prior shoulder issues that would explain the symptoms, that the onset of pain occurred within 48 hours of vaccination, that the pain and reduced range of motion were localized to the injection shoulder, and that no other condition accounted for her symptoms. The respondent also agreed that the petition was timely filed, the vaccination occurred in the U.S., and the statutory severity requirement was met due to the injury's residual effects lasting over six months. Based on the respondent's concession and the record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement finding Ms. Nowland entitled to compensation. Subsequently, on July 14, 2022, the respondent filed a proffer on the award of compensation, proposing an award of $63,239.27, which Ms. Nowland agreed to. On August 15, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages, granting Ms. Nowland a lump sum payment of $63,239.27. This award comprised $62,500.00 for pain and suffering and $739.27 for past unreimbursable expenses. The award was to be paid via a check payable to Ms. Nowland. Paul R. Brazil of Muller Brazil, LLP represented the petitioner, and Catherine Elizabeth Stolar of the U.S. Department of Justice represented the respondent. Chief Special Master Brian H. Corcoran presided over the case.

Theory of causation field:
Petitioner Lindsay Nowland received an influenza vaccine on October 3, 2019. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) as a Table injury. The respondent conceded entitlement, agreeing that petitioner had no prior shoulder issues, experienced symptom onset within 48 hours of vaccination, had symptoms localized to the shoulder, and no other condition explained the symptoms. The injury persisted for more than six months, satisfying the statutory severity requirement. The case proceeded as a Table injury claim. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 14, 2022, finding petitioner entitled to compensation. A subsequent Decision Awarding Damages on August 15, 2022, awarded petitioner $63,239.27, consisting of $62,500.00 for pain and suffering and $739.27 for past unreimbursable expenses, paid as a lump sum. Petitioner was represented by Paul R. Brazil (Muller Brazil, LLP), and respondent was represented by Catherine Elizabeth Stolar (U.S. Department of Justice). Chief Special Master Brian H. Corcoran issued the decisions.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01758-0
Date issued/filed: 2022-04-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/14/2022) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01758-UNJ Document 27 Filed 04/15/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1758V
UNPUBLISHED
LINDSAY NOWLAND, Chief Special Master Corcoran
Petitioner, Filed: March 14, 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.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On December 3, 2020, Lindsay Nowland 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 right shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza vaccine received on October
3, 2019. Petition at 1. Petitioner further alleges the vaccine was administered in the United
States, her symptoms persisted for more than six months, and neither Petitioner, nor any
other party, has ever filed any action for or received compensation in the form of an award
or settlement for her vaccine-related injury. Petition at ¶¶ 1, 5-7. 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-01758-UNJ Document 27 Filed 04/15/22 Page 2 of 2
On March 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 agrees that “petitioner had no history of pain, inflammation or
dysfunction of the affected shoulder prior to her vaccination that would explain the alleged
symptoms and examination findings occurring after vaccine injection; she more likely than
not suffered the onset of pain within forty-eight hours of vaccine administration; her pain
and reduced range of motion were limited to the shoulder in which the vaccine was
administered; and there is no other condition or abnormality present that would explain
petitioner’s symptoms.” Id. at 6. Respondent further agrees that “[t]he records also show
that this case was timely filed, that petitioner received her vaccination in the United States,
and that petitioner satisfies the statutory severity requirement by suffering the residual
effects or complications of her injury for more than six months after vaccine
administration.” 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-01758-1
Date issued/filed: 2022-08-15
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/14/2022) regarding 33 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. (Main Document 37 replaced on 8/16/2022 to attach corrected PDF) (ypb).
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Case 1:20-vv-01758-UNJ Document 37 Filed 08/15/22 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1758V
UNPUBLISHED
LINDSAY NOWLAND, Chief Special Master Corcoran
Petitioner, Filed: July 14, 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.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On December 3, 2020, Lindsay Nowland 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 right shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza vaccine received on October
3, 2019. Petition at 1. Petitioner further alleges the vaccine was administered in the United
States, her symptoms persisted for more than six months, and neither Petitioner, nor any
other party, has ever filed any action for or received compensation in the form of an award
or settlement for her vaccine-related injury. Petition at ¶¶ 1, 5-7. 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-01758-UNJ Document 37 Filed 08/15/22 Page 2 of 5
On March 14, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On July 14, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $63,239.27. 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 $63,239.27 (comprised of $62,500.00 in pain and suffering and
$739.27 in past unreimbursable 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-01758-UNJ Document 37 Filed 08/15/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LINDSAY NOWLAND, )
)
Petitioner, )
) No. 20-1758V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 3, 2020, Lindsay Nowland (“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 3, 2019. Petition at 1. On March 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. 23; ECF No. 24.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $62,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01758-UNJ Document 37 Filed 08/15/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $739.27. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
The above amounts 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 $63,239.27, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Lindsay Nowland: $63,239.27
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
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-01758-UNJ Document 37 Filed 08/15/22 Page 5 of 5
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Catherine E. Stolar
CATHERINE E. STOLAR
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) 353-3299
Fax: (202) 616-4310
Email: catherine.stolar@usdoj.gov
DATED: July 14, 2022
3