VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01897
Package ID: USCOURTS-cofc-1_20-vv-01897
Petitioner: Julie Finn, M.D.
Filed: 2020-12-18
Decided: 2023-02-02
Vaccine: influenza
Vaccination date: 2019-10-14
Condition: shoulder injury related to vaccine administration
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Julie Finn, M.D., received an influenza vaccination on October 14, 2019. She subsequently filed a petition alleging a shoulder injury related to vaccine administration (SIRVA). Initially, the respondent contested entitlement, arguing that the vaccination was administered subcutaneously and that proof of onset within 48 hours was insufficient for a Table claim. However, the petitioner provided affidavits asserting the vaccine was given intramuscularly. The Special Master found sufficient evidence of onset within 48 hours and determined the notation of subcutaneous administration was an error. The respondent then amended their report, conceding that Dr. Finn met the criteria for a Table SIRVA claim, including no prior history of shoulder pain, onset within 48 hours, and symptoms limited to the shoulder. The statutory six-month sequela requirement was also satisfied. Based on the respondent's concession and review of the record, the Special Master ruled that Dr. Finn is entitled to compensation, and the case will proceed to the damages phase.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01897-0
Date issued/filed: 2023-02-02
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 1/12/2023) regarding 47 Ruling on Entitlement: Signed by Special Master Thomas L. Gowen. (slw) Service on parties made.
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Case 1:20-vv-01897-UNJ Document 54 Filed 02/02/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 12, 2023
* * * * * * * * * * * * *
JULIE FINN, M.D., * UNPUBLISHED
*
Petitioner, * No. 20-1897V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Ruling on Entitlement; Uncontested;
AND HUMAN SERVICES, * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
Respondent. * (“SIRVA”).
* * * * * * * * * * * * *
Gary Alan Krochmal, Law Offices of Gary A. Krochmal, PLLC, Farmington Hills, MI, for
petitioner.
Meghan Murphy, United States Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 18, 2020, Julie Finn, M.D., (“petitioner”) filed a petition for compensation
(“Petition”) in the National Vaccine Injury Compensation Program (“the Program”).2 Petitioner
alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a
result of receiving an intramuscular influenza (“flu”) vaccination on October 14, 2019. Petition
(ECF No. 1).
While the case was still in SPU, petitioner filed a Motion for Ruling on the Record on
January 13, 2022, and respondent filed his response on February 11, 2022. Petitioner’s Motion
(“Pet. Mot.”) (ECF No. 31); Respondent’s Response (“Resp.”) (ECF No. 32). Respondent filed
his Rule 4(c) report on August 5, 2022, indicating that “compensation is not appropriate in this
case.” Resp. Rep. at 1. Specifically, respondent argued that petitioner failed to satisfy a Table
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this unpublished opinion
contains a reasoned explanation for the action in this case, I intend to post it on the website of the United
States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7.
Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of
any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and
is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the
court with a proposed redacted version” of the opinion. Id. If neither party files a motion for redaction within 14
days, the opinion will be posted on the court’s website without any changes. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq.
(hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the
Act.

Case 1:20-vv-01897-UNJ Document 54 Filed 02/02/23 Page 2 of 2
SIRVA claim because the vaccination record indicated that petitioner’s flu vaccination was
administered subcutaneously, and that insufficient proof of onset of her pain occurring within 48
hours of the vaccination was submitted and therefore the onset was outside of the 48 hours
required to establish a Table SIRVA. Id. at 5.
Petitioner subsequently filed two affidavits averring that the vaccination was
administered intramuscularly. (ECF Nos. 41-42). I issued a scheduling order finding that there
was “sufficient evidence of onset within 48 hours,” and concluding that “the notation in the
record was in error and the vaccine was administered intramuscularly.” (ECF No. 44).
On January 11, 2023, respondent filed an amended report pursuant to Vaccine Rule 4(c),
in which respondent avers that petitioner has satisfied the criteria set forth in the Vaccine Injury
Table (“the Table”) and the Qualifications and Aids to Interpretation (“QAI”) which afford
petitioner a presumption of causation if petitioner had no history of pain or dysfunction in her
left shoulder prior to the flu vaccine; petitioner’s left shoulder injury manifested within forty-
eight hours after receipt of her intramuscularly administered flu vaccine; the pain and reduced
range of motion were limited to her left shoulder; and no other condition or abnormality would
explain petitioner’s symptoms. See 42 C.F.R. § 100.3(a)(XIV)(B); 42 C.F.R. §100.3(10)(i-iv).
Additionally, respondent noted that the statutory six-month sequela requirement has been
satisfied. See id. § 300aa-11(c)(D)(I).
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. § 13; Vaccine Rule 8(d). In light of respondent’s
recommendation and my own review of the record, petitioner is entitled to compensation. This
matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01897-1
Date issued/filed: 2023-02-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 1/13/2023) regarding 49 DECISION On Damages - Proffer, Signed by Special Master Thomas L. Gowen. (slw) Service on parties made.
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Case 1:20-vv-01897-UNJ Document 55 Filed 02/03/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 13, 2023
* * * * * * * * * * * * *
JULIE FINN, M.D., * UNPUBLISHED
*
Petitioner, * No. 20-1897V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Decision on Damages; Proffer;
AND HUMAN SERVICES, * SIRVA.
*
Respondent. *
* * * * * * * * * * * * *
Gary Alan Krochmal, Law Offices of Gary A. Krochmal, PLLC, Farmington Hills, MI, for
petitioner.
Meghan Murphy, United States Department of Justice, Washington, DC, for respondent.
DECISION ON DAMAGES1
On December 18, 2020, Julie Finn, M.D., (“petitioner”) filed a petition for compensation
(“Petition”) in the National Vaccine Injury Compensation Program (“the Program”).2 Petitioner
alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a
result of receiving an intramuscular influenza (“flu”) vaccination on October 14, 2019. Petition
(ECF No. 1). On January 11, 2023, the undersigned issued a Ruling on Entitlement, finding that
petitioner is entitled to compensation based on respondent’s Rule 4(c) report. Ruling on
Entitlement, date Jan. 11, 2023 (ECF No. 47).
On January 12, 2023, respondent filed a Proffer of Award of Compensation, which
indicates petitioner’s agreement to compensation on the terms set forth therein. Proffer (ECF No.
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is
posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). An objecting party must provide the court with a proposed
redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be
posted on the court’s website without any changes. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq.
(hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the
Act.

Case 1:20-vv-01897-UNJ Document 55 Filed 02/03/23 Page 2 of 5
48). The proffer is attached hereto as Appendix A and is incorporated into this decision as
though set forth in full.
Consistent with the terms stated in the attached Proffer, I hereby award the
following in compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a):
1) A lump sum payment of $60,000.00, representing compensation for pain and
suffering, in the form of a check payable to petitioner, Julie Finn M.D.
The Clerk of the Court is directed to ENTER JUDGMENT in accordance with this
decision. 3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

Case 1:20-vv-01897-UNJ Document 55 Filed 02/03/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JULIE FINN, M.D., )
)
Petitioner, )
) No. 20-1897V
v. ) Special Master Gowen
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 18, 2020, Julie Finn, M.D., (“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”), as amended. The petition alleges that as a result of receiving an
influenza (“flu”) vaccination on October 14, 2019, petitioner suffered from a left shoulder injury
related to vaccine administration (“SIRVA”). See Petition at Preamble. On January 11, 2023,
the Secretary of Health and Human Services (“respondent”) filed an Amended Rule 4(c) Report
indicating that this case is appropriate for compensation under the terms of the Act. ECF No. 46.
On January 12, 2023, Special Master Gowen issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 47.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:20-vv-01897-UNJ Document 55 Filed 02/03/23 Page 4 of 5
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 Special Master Gowen’s decision and
the Court’s judgment award the following1: a lump sum payment of $60,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Julie Finn: $60,000.00
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
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-01897-UNJ Document 55 Filed 02/03/23 Page 5 of 5
/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: January 12, 2022
3