VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01953
Package ID: USCOURTS-cofc-1_20-vv-01953
Petitioner: Cathy Humerickhouse
Filed: 2020-12-22
Decided: 2023-01-18
Vaccine: influenza
Vaccination date: 2018-01-05
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 130735

AI-assisted case summary:
Cathy Humerickhouse filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving an influenza vaccine on January 5, 2018. She alleged that this vaccine caused a Shoulder Injury Related to Vaccine Administration (SIRVA), which is a condition listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, filed a report conceding that Ms. Humerickhouse's injury was consistent with SIRVA and that she was entitled to compensation. The Chief Special Master issued a ruling on entitlement on August 8, 2022, finding her eligible for compensation. Subsequently, on January 18, 2023, a decision on damages was issued based on a joint proffer between the parties. Ms. Humerickhouse was awarded a total of $130,735.70, which included $115,000.00 for pain and suffering and $15,735.70 for past unreimbursable expenses. The case proceeded as a Table claim for SIRVA, and the parties agreed on the compensation amount.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01953-0
Date issued/filed: 2022-08-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/08/2022) regarding 37 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01953-UNJ Document 39 Filed 08/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1953V
UNPUBLISHED
CATHY HUMERICKHOUSE, Chief Special Master Corcoran
Petitioner,
v. Filed: July 8, 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)
Neal Jordan Fialkow, Neal Fialkow, Esq., Pasadena, CA, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 22, 2020, Cathy Humerickhouse filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
(the “Vaccine Act”). On January 5, 2018, Petitioner received an influenza (“flu”) vaccine,
which vaccine is listed on the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
Petitioner alleges that as a result of the flu vaccine, she suffered a shoulder injury related
to vaccine administration (“SIRVA”) as listed on the Table, plus brachial neuritis,
Parsonage-Turner syndrome (“PTS”), and/or other symptoms and conditions (none of
which are actionable as Table claims). Petition at 1. 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-01953-UNJ Document 39 Filed 08/08/22 Page 2 of 2
On March 21, 2022, Respondent filed his Rule 4(c) report, in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Report at 1.
Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with SIRVA
as defined in the Vaccine Injury Table (the “Table”) and the Qualifications and Aids to
Interpretation (“QAI”). Id. at 9 (citing 42 C.F.R. §§ 100.3(a)(XIV)(B): (10)(i-iv)).
Respondent further agrees that Petitioner suffered the residual effects of her condition for
more than six months. Id. Therefore, Petitioner has satisfied all legal prerequisites for
compensation under the Act for the specific SIRVA Table claim. Id. (citing Section
13(a)(1)(B): Section 11(c)(1)(D)(i).
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
I make, however, one additional proviso. Respondent does not concede that
Petitioner has preponderantly established any other injury, such as brachial neuritis.
Respondent’s Report at 10. In reaction, Petitioner does not concede she has no other
claims, and argues that any SIRVA damages award should not contain “any offset or
reduction for non-SIRVA components.” ECF No. 36. Petitioner has thus asked that no
ruling on the SIRVA claim be made at this time.
Although it is conceivable that Petitioner could herein both establish the same
vaccination precipitated a SIRVA injury plus brachial neuritis, damages would only be
separately apportioned if the Petitioner could show that she incurred costs or harm
specific to one injury only, and not common to the other. And it does not appear from my
preliminary review of the record that this will be the case – either all of Petitioner’s costs
are specific to treatment of the SIRVA injury, or Petitioner is not likely to be successful in
establishing a separate brachial neuritis injury based on a causation-in-fact theory.3 Thus,
it is in the interests of justice and the expeditious adjudication of this case that a Ruling
on Entitlement be issued at this time, despite Petitioner’s position.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Not only is there no Table claim for brachial neuritis after the flu vaccine, but SIRVA and brachial neuritis
are comparable, non-demyelinating inflammatory conditions that can often be confused for each other.
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01953-1
Date issued/filed: 2023-01-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/16/2022) regarding 45 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01953-UNJ Document 46 Filed 01/18/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1953V
UNPUBLISHED
CATHY HUMERICKHOUSE, Chief Special Master Corcoran
Petitioner,
v. Filed: December 16, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA).
Neal Jordan Fialkow, Neal Fialkow, Esq., Pasadena, CA, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On December 22, 2020, Cathy Humerickhouse 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 alleged that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) following administration of an influenza (“flu”) vaccine
on January 5, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On August 8, 2022, a ruling on entitlement was issued, finding that Petitioner was
entitled to compensation for a Table SIRVA. On December 15, 2022, Respondent filed a
proffer on award of compensation, which indicates Petitioner’s agreement to the
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-01953-UNJ Document 46 Filed 01/18/23 Page 2 of 5
amount(s) therein. 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 a lump sum payment
of $130,735.70 (representing $115,000.00 for pain and suffering, and $15,735.70 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-01953-UNJ Document 46 Filed 01/18/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CATHY HUMERICKHOUSE,
Petitioner,
No. 20-1953V
v.
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 22, 2020, Cathy Humerickhouse (“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”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine she received on January 5, 2018. Petition at 1. On March 21, 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 for a SIRVA Table injury,
and on August 8, 2022, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 34; ECF No. 37.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $115,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01953-UNJ Document 46 Filed 01/18/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $15,735.70. 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 $130,735.70, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Cathy Humerickhouse: $130,735.70
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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 lost earnings
and future pain and suffering.
2

Case 1:20-vv-01953-UNJ Document 46 Filed 01/18/23 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Zoë R. Wade
ZOË R. WADE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 616-4118
zoe.wade@usdoj.gov
Date: December 15, 2022.
3