VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01803
Package ID: USCOURTS-cofc-1_20-vv-01803
Petitioner: Nicole Bingham
Filed: 2020-12-08
Decided: 2022-04-29
Vaccine: influenza
Vaccination date: 2019-09-26
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Nicole Bingham filed a petition for compensation under the National Vaccine Injury Compensation Program on December 8, 2020. She alleged that an influenza vaccine administered on September 26, 2019, caused a right shoulder injury related to vaccine administration (SIRVA). The petition stated that the vaccine was administered in the United States, that the effects of the injury lasted for six months or more, and that there had been no prior settlement or award for this injury. The case was assigned to the Special Processing Unit. On March 18, 2022, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation. The Respondent agreed that Ms. Bingham suffered a SIRVA of the right shoulder as defined by the Vaccine Injury Table and met the legal prerequisites for compensation under the Vaccine Act. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 21, 2022, finding Petitioner entitled to compensation. Subsequently, on March 18, 2022, the Respondent filed a proffer on the award of compensation, indicating a recommended award of $50,000.00, which Petitioner agreed to. On April 29, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Ms. Bingham a lump sum payment of $50,000.00, payable by check to Petitioner. This award represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and Respondent was represented by Rachelle Bishop of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Nicole Bingham alleged a right shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 26, 2019. The Respondent conceded entitlement, agreeing that Petitioner suffered a SIRVA of the right shoulder as defined by the Vaccine Injury Table. The public text does not detail the specific mechanism of injury, expert testimony, or medical evidence presented. The case proceeded to a damages decision based on a proffer. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 21, 2022, and a Decision Awarding Damages on April 29, 2022. Petitioner was awarded a lump sum of $50,000.00, representing compensation for all damages under Section 15(a) of the Vaccine Act. Petitioner's counsel was Jimmy A. Zgheib, and Respondent's counsel was Rachelle Bishop.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01803-0
Date issued/filed: 2022-04-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/21/2022) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01803-UNJ Document 34 Filed 04/22/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1803V
UNPUBLISHED
NICOLE BINGHAM, Chief Special Master Corcoran
Petitioner, Filed: March 21, 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)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 8, 2020, Nicole Bingham 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”) caused by an influenza (“flu”) vaccine administered on
September 26, 2019. Petition at 1. Petitioner further alleges that the vaccine was
administered within the United States, that she suffered the effects of her injury for six
months or more, and that there has been no settlement or award for her injury. Petition
at 5-6. 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-01803-UNJ Document 34 Filed 04/22/22 Page 2 of 2
On March 18, 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
Recommending Compensation and Proffer of Compensation at 1. Specifically,
Respondent has concluded that Petitioner suffered a SIRVA of the right shoulder as
defined by the Vaccine Injury Table. Id. at 5. Respondent further agrees that Petitioner
has met the legal prerequisites for the compensation under 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-01803-1
Date issued/filed: 2022-04-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/21/2022) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01803-UNJ Document 35 Filed 04/29/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1803V
UNPUBLISHED
NICOLE BINGHAM, Chief Special Master Corcoran
Petitioner, Filed: March 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)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 8, 2020, Nicole Bingham 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”) caused by an influenza (“flu”) vaccine administered on
September 26, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On March 21, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On March 18, 2022, Respondent filed a proffer on award
of compensation indicating Petitioner should be awarded $50,000.00. Respondent’s Rule
4(c) Report Recommending Compensation and Proffer of Compensation (“Proffer”) at 5.
In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
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-01803-UNJ Document 35 Filed 04/29/22 Page 2 of 2
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 Proffer, I award Petitioner a lump sum
payment of $50,000.00 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