VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01846
Package ID: USCOURTS-cofc-1_20-vv-01846
Petitioner: Sylvia Lyons
Filed: 2020-12-14
Decided: 2023-03-10
Vaccine: influenza
Vaccination date: 2019-09-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 72704

AI-assisted case summary:
Sylvia Lyons filed a petition on December 14, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of influenza and Prevnar-13 vaccines she received on September 17, 2019. The injury and its sequelae lasted more than six months. Respondent filed a Rule 4(c) report conceding entitlement, stating that Petitioner had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. Respondent also agreed that the residual effects lasted more than six months. A ruling on entitlement was issued on December 13, 2022, finding Petitioner entitled to compensation. Subsequently, on February 3, 2023, Respondent filed a proffer on award of compensation, proposing an award of $72,500.00 for pain and suffering and $204.91 to satisfy a State of Illinois Medicaid lien. Petitioner agreed with this proposed award. On March 10, 2023, the Chief Special Master issued a decision awarding Petitioner a total of $72,704.91, consisting of $72,500.00 for pain and suffering and $204.91 for the Medicaid lien.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01846-0
Date issued/filed: 2023-01-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/13/2022 ) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01846-UNJ Document 34 Filed 01/18/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1846V
UNPUBLISHED
SYLVIA LYONS, Chief Special Master Corcoran
Petitioner, Filed: December 13, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Pneumococcal
Conjugate Vaccine; Influenza (Flu)
Respondent. Vaccine; Shoulder Injury Related to
Vaccine Administration (SIRVA)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 14, 2020, Sylvia Lyons 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 influenza and Prevnar-13 vaccines she received on
September 17, 2019. Petition at 1. Petitioner further alleges that her “left shoulder injuries
and sequelae, lasted more than six (6) months.” Petition at ¶18. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On December 13, 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)
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-01846-UNJ Document 34 Filed 01/18/23 Page 2 of 2
Report at 1. Specifically, Respondent states 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 6. Respondent further agrees that “based on the
medical records . . . Petitioner suffered the residual effects of her condition for more than
six months.” 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-01846-1
Date issued/filed: 2023-03-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/06/2023) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01846-UNJ Document 40 Filed 03/10/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1846V
UNPUBLISHED
SYLVIA LYONS, Chief Special Master Corcoran
Petitioner, Filed: February 6, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Pneumococcal Conjugate Vaccine;
Influenza (Flu) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 14, 2020, Sylvia Lyons 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 (“SIRV”) as a result of influenza and prevnar vaccines she received on
September 17, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 13, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On February 3, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $72,500.00
in pain and suffering plus $204.91 to satisfy a State of Illinois Medicaid lien. Proffer at 1-
2. 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-01846-UNJ Document 40 Filed 03/10/23 Page 2 of 5
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 the following:
• Petitioner a lump sum payment of $72,500.00 in pain and suffering,
paid in the form of a check payable to Petitioner.
• An amount of $204.91 in the form of a check payable jointly to
Petitioner and the Illinois Department of Healthcare and Family
Services, Collections/Technical Recovery Section, P.O. Box 19174,
Springfield, IL 62794-9174.
These amounts represent 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-01846-UNJ Document 40 Filed 03/10/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
SYLVIA LYONS, )
) No. 20-1846V ECF
Petitioner, )
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION
On December 13, 2022, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury
Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to
vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. See ECF No. 30.
Accordingly, that same day, the Chief Special Master issued a Ruling on Entitlement. See ECF
Nos. 31.
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $72,500.00 for pain and suffering, in the form of a check payable to petitioner.
Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of Illinois
Medicaid lien in the amount of $204.91, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of Illinois may have against any

Case 1:20-vv-01846-UNJ Document 40 Filed 03/10/23 Page 4 of 5
individual as a result of any Medicaid payments the State of Illinois has made to or on behalf of
petitioner from the date of her eligibility for benefits through the date of judgment in this case as
a result of her alleged vaccine-related injury suffered on or about September 17, 2019, under
Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
two lump sum payments described below, and request that the Chief Special Master’s decision
and the Court’s judgment award the following: 1
A. A lump sum payment of $72,500.00 in the form of a check payable to petitioner; and
B. A lump sum payment of $204.91, representing compensation for satisfaction of the
State of Illinois Medicaid lien, in the form of a check payable jointly to petitioner
and:
Illinois Department of Healthcare and Family Services
Collections/Technical Recovery Section
P.O. Box 19174
Springfield, IL 62794-9174
Petitioner agrees to endorse the check to the Illinois Department of Healthcare and
Family Services for satisfaction of the Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
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 pain and suffering, and future lost wages.
2

Case 1:20-vv-01846-UNJ Document 40 Filed 03/10/23 Page 5 of 5
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
/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) 305-3781
Nina.Ren@usdoj.gov
DATED: February 3, 2023
3