VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01807
Package ID: USCOURTS-cofc-1_20-vv-01807
Petitioner: Walter Corter
Filed: 2020-12-09
Decided: 2022-09-06
Vaccine: influenza
Vaccination date: 2019-10-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 64136

AI-assisted case summary:
Walter Corter filed a petition for compensation under the National Vaccine Injury Compensation Program on December 9, 2020. He alleged that an influenza vaccine received on October 30, 2019, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. On June 30, 2022, the respondent filed a Rule 4(c) report conceding that Mr. Corter was entitled to compensation. The respondent agreed that Mr. Corter met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a flu/SIRVA Table injury, that the statutory six-month sequelae requirement was satisfied, and that all legal prerequisites for compensation under the Act were met. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 5, 2022, finding Mr. Corter entitled to compensation. Subsequently, on August 4, 2022, the respondent filed a proffer on the award of compensation. The proffer stated that Mr. Corter agreed with the proffered award. On September 6, 2022, Chief Special Master Corcoran issued a Decision on Damages, awarding Mr. Corter a lump sum payment of $64,136.85. This award comprised $62,500.00 for pain and suffering and $1,636.85 for past unreimbursable expenses. The award represents all damages available under Section 15(a) of the Act. Petitioner was represented by Jessica Anne Olins of Maglio Christopher & Toale, PA, and respondent was represented by Meghan Murphy of the U.S. Department of Justice. The decision was issued by Chief Special Master Brian H. Corcoran.

Theory of causation field:
Petitioner Walter Corter alleged that an influenza vaccine administered on October 30, 2019, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that this condition qualified as a Table injury under 42 C.F.R. §§ 100.3(a)(XIV)(B):(10)(i-iv), that the six-month sequelae requirement was met, and that all legal prerequisites for compensation were satisfied. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. A Ruling on Entitlement was issued on July 5, 2022, by Chief Special Master Brian H. Corcoran, finding petitioner entitled to compensation. On August 4, 2022, respondent filed a proffer on award of compensation, which petitioner agreed to. On September 6, 2022, Chief Special Master Corcoran issued a Decision on Damages, awarding petitioner a lump sum of $64,136.85, consisting of $62,500.00 for pain and suffering and $1,636.85 for past unreimbursable expenses. Petitioner was represented by Jessica Anne Olins and respondent by Meghan Murphy.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01807-0
Date issued/filed: 2022-08-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/05/2022) regarding 35 Ruling on Entitlement (Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01807-UNJ Document 39 Filed 08/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1807V
UNPUBLISHED
WALTER CORTER, Chief Special Master Corcoran
Petitioner,
v. Filed: July 5, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA)
Jessica Anne Olins, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 9, 2020, Walter Corter 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 that as a result of an influenza (“flu”) vaccine
received on October 30, 2019, he suffered a shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On June 30, 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 has satisfied the criteria set forth in the
6-7Vaccine Injury Table (the “Table”) and the Qualifications and Aids to Interpretation
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-01807-UNJ Document 39 Filed 08/08/22 Page 2 of 2
(“QAI”) for a flu/ SIRVA Table injury. Id. at 6-7 (citing 42 C.F.R. §§ 100.3(a)(XIV)(B): (10)(i-
iv)). Respondent further agrees that the statutory six-month sequelae requirement has
been satisfied and that Petitioner has satisfied all legal prerequisites for compensation
under the Act. Id. at 7.
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-01807-1
Date issued/filed: 2022-09-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/05/2022) regarding 38 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01807-UNJ Document 43 Filed 09/06/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1807V
UNPUBLISHED
WALTER CORTER, Chief Special Master Corcoran
Petitioner,
v. Filed: August 5, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision based on Proffer;
Influenza (Flu) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Jessica Anne Olins, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On December 9, 2020, Walter Corter 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 that as a result of an influenza (“flu”) vaccine
received on October 30, 2019, he suffered a shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
1 Because this unpublished opinion 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 opinion 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-01807-UNJ Document 43 Filed 09/06/22 Page 2 of 5
On July 5, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 4, 2022, Respondent filed a proffer on award of
compensation. Proffer at 1-2. 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 $64,136.85 (representing $62,500.00 for pain and suffering, and
$1,636.85 for 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-01807-UNJ Document 43 Filed 09/06/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
WALTER CORTER, )
)
Petitioner, )
) No. 20-1807V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 9, 2020, Walter Corter (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
to -34 (“Vaccine Act” or “Act”), as amended. The petition alleges that as a result of receiving an
influenza (“flu”) vaccination on October 30, 2019, petitioner suffered from a left shoulder injury
related to vaccine administration (“SIRVA”). See Petition at 1, 4. On June 30, 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. ECF No. 33. On July 5,
2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 35.
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-01807-UNJ Document 43 Filed 09/06/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $1,636.85. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
These 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 $64,136.85, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Walter Corter: $64,136.85
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:20-vv-01807-UNJ Document 43 Filed 09/06/22 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Meghan R. Murphy
MEGHAN R. MURPHY
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) 616-4264
meghan.r.murphy@usdoj.gov
DATED: August 4, 2022
3