VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01940
Package ID: USCOURTS-cofc-1_20-vv-01940
Petitioner: Bernadette Strand
Filed: 2020-12-22
Decided: 2023-02-13
Vaccine: influenza
Vaccination date: 2020-10-09
Condition: right-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50374

AI-assisted case summary:
Bernadette Strand filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2020, alleging she suffered a right-sided shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 9, 2020. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding entitlement, stating that Petitioner suffered a right-sided SIRVA listed on the Vaccine Injury Table. Respondent did not identify any other causes for the injury and confirmed Petitioner met the eligibility requirements. A ruling on entitlement was issued on January 5, 2023, finding Petitioner entitled to compensation. Subsequently, on January 10, 2023, Respondent filed a proffer proposing an award of $50,374.00, comprising $50,000.00 for pain and suffering and $374.00 for past unreimbursed expenses. Petitioner agreed with the proffered award. On February 13, 2023, the Chief Special Master issued a decision awarding Petitioner the lump sum of $50,374.00.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-01940-0
Date issued/filed: 2023-02-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/05/2023) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01940-UNJ Document 39 Filed 02/06/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1940V
UNPUBLISHED
BERNADETTE STRAND, Chief Special Master Corcoran
Petitioner,
v. Filed: January 5, 2023
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodridge, IL, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 22, 2020, Bernadette Strand 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 received an influenza (“flu”) vaccination on
October 9, 2020, and thereafter suffered a right-sided shoulder injury related to vaccine
administration (“SIRVA”). Petition (ECF No. 1) at Preamble. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On January 5, 2023, 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 states that Petitioner has suffered a right-sided SIRVA as
listed on the Vaccine Injury Table (“Table”) and the Qualifications and Aids for
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-01940-UNJ Document 39 Filed 02/06/23 Page 2 of 2
Interpretation (“QAI”) for SIRVA. Id. at 4-5; see also 42 C.F.R. §§ 100.3(a), (c)(10).
Respondent did not identify any other causes for Petitioner’s SIRVA and Respondent
states that Petitioner met the statutory requirements for eligibility under the Vaccine
Program, namely by experiencing the residual effects or complications of her injury for
more than six months after vaccine administration. Id. at 5 (citing Sections 13(a)(1)(B);
11(c)(1)(D)(i)).
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-01940-1
Date issued/filed: 2023-02-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/12/2023) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01940-UNJ Document 40 Filed 02/13/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1940V
UNPUBLISHED
BERNADETTE STRAND, Chief Special Master Corcoran
Petitioner, Filed: January 12, 2023
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)
Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodridge, IL, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 22, 2020, Bernadette Strand 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 an influenza (“flu”) vaccine that was administered
on October 9, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 5, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On January 10, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $50,374.00
(comprised of $50,000.00 for pain and suffering and $374.00 for past unreimbursed
expenses). Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees
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-01940-UNJ Document 40 Filed 02/13/23 Page 2 of 4
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 $50,374.00 (comprised of $50,000.00 for pain and suffering and
$374.00 for past unreimbursed 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-01940-UNJ Document 40 Filed 02/13/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
BERNADETTE STRAND, )
)
Petitioner, )
) No. 20-1940V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On January 5, 2023, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report conceding entitlement to compensation in this matter alleging a Shoulder Injury
Related to Vaccine Administration following an influenza vaccination. The same day, the Court
entered its Ruling on Entitlement, finding petitioner Bernadette Strand entitled to Vaccine Act
compensation. Respondent now proffers that petitioner receive a compensation award consisting
of a lump sum of $50,374.00, which amount includes $50,000.00 for pain and suffering and
$374.00 for past unreimbursed expenses, in the form of a check payable to petitioner, Bernadette
Strand.1 This amount represents compensation for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner is entitled.2
Petitioner agrees with the proffered award of $50,374.00.3
1 Petitioner is a competent adult. No guardianship is required.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).

Case 1:20-vv-01940-UNJ Document 40 Filed 02/13/23 Page 4 of 4
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct Dial: 202-616-3667
Email: Voris.Johnson@usdoj.gov
Date: January 10, 2023
2