VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01999
Package ID: USCOURTS-cofc-1_20-vv-01999
Petitioner: Lynda Wojan
Filed: 2020-12-28
Decided: 2023-02-13
Vaccine: influenza
Vaccination date: 2019-11-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Lynda Wojan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 15, 2019. She further alleged her injury resulted in residual effects for more than six months. The respondent conceded entitlement, stating that Ms. Wojan had no prior shoulder issues, her pain and reduced range of motion were limited to the injection site, and the onset of symptoms occurred within 48 hours of vaccination. The respondent also confirmed the case was timely filed, the vaccine was received in the United States, and the statutory severity requirement was met. Based on the respondent's concession and the evidence, the Chief Special Master ruled on entitlement, finding Ms. Wojan entitled to compensation. Subsequently, the parties submitted a proffer agreeing to an award of $65,000.00. The court awarded Ms. Wojan a lump sum payment of $65,000.00, representing compensation for all damages available under the program.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01999-0
Date issued/filed: 2023-01-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/02/2022) regarding 28 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01999-UNJ Document 31 Filed 01/10/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1999V
UNPUBLISHED
LYNDA WOJAN, Chief Special Master Corcoran
Petitioner, Filed: December 2, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 28, 2020, Lynda Wojan 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 vaccine she received on November
15, 2019. Petition at 1. Petitioner further alleges that she suffered from her injury for more
than six months. Petition at ¶3. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On November 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 states that “Petitioner had no history of pain,
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-01999-UNJ Document 31 Filed 01/10/23 Page 2 of 2
inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine
administration that would explain the alleged signs, symptoms, examination findings,
and/or diagnostic studies occurring after vaccine injection; she suffered the onset of pain
within forty-eight hours of vaccine administration; her pain and reduced range of motion
were limited to the shoulder in which the intramuscular vaccine was administered; and
there is no other condition or abnormality present that would explain Petitioner’s
symptoms.” Id. at 3-4. Respondent further agrees that “the records show that the case
was timely filed, that the vaccine was received in the United States, and that Petitioner
satisfies the statutory severity requirement by suffering the residual effects or
complications of her injury for more than six months after vaccine administration.” Id. at
4.
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-01999-1
Date issued/filed: 2023-02-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/12/2023) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01999-UNJ Document 37 Filed 02/13/23 Page 1 of 4
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1999V
UNPUBLISHED
LYNDA WOJAN, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 28, 2020, Lynda Wojan 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 vaccination she received on
November 15, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 2, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On January 11, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $65,000.00.
Proffer at 1. 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.
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-01999-UNJ Document 37 Filed 02/13/23 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $65,000.00 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-01999-UNJ Document 37 Filed 02/13/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
LYNDA WOJAN, )
)
Petitioner, )
) No. 20-1999 V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION
On December 28, 2020, Lynda Wojan (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act. See 42 U.S.C. §§ 300aa-1 to -34.
Petitioner alleges that she suffered from a left shoulder injury related to vaccine administration
(“SIRVA”) following her receipt of an influenza (“flu”) vaccination on November 15, 2019.
Petition at 1. On November 30, 2022, respondent filed a Rule 4(c) Report recommending
compensation be awarded. ECF No. 27. On December 2, 2022, the Chief Special Master issued
a Ruling on Entitlement finding that petitioner is entitled to compensation. ECF No. 28.
I. Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$65,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering.

Case 1:20-vv-01999-UNJ Document 37 Filed 02/13/23 Page 4 of 4
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 of $65,000.00, in the form of a check payable to petitioner, which represents
all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-
15(a). Petitioner agrees.
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4138
claudia.gangi@usdoj.gov
DATED: January 11, 2023
2