VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00004
Package ID: USCOURTS-cofc-1_21-vv-00004
Petitioner: Judith Resweber
Filed: 2021-01-04
Decided: 2023-02-28
Vaccine: influenza
Vaccination date: 2019-09-30
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 100200

AI-assisted case summary:
Judith Resweber filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2021, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 30, 2019. The respondent, the Secretary of Health and Human Services, conceded that Ms. Resweber's claim met the Table criteria for SIRVA. The respondent's Rule 4(c) report confirmed that her injury met the requirements for SIRVA, including no prior history of shoulder issues, onset of pain within 48 hours of vaccination, and pain limited to the injection site. The Chief Special Master issued a ruling on entitlement on November 18, 2022, finding Ms. Resweber entitled to compensation. Subsequently, on February 28, 2023, a decision awarding damages was issued based on a proffer from the respondent. The parties agreed to an award of $100,200.54, which included $100,000.00 for pain and suffering and $200.54 for past unreimbursable expenses. This amount was awarded as a lump sum payment to Ms. Resweber.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00004-0
Date issued/filed: 2022-12-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/18/2022) regarding 27 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00004-UNJ Document 29 Filed 12/27/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0004V
UNPUBLISHED
JUDITH RESWEBER, Chief Special Master Corcoran
Petitioner, Filed: November 18, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 4, 2021, Judith Resweber 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 Table injury – Shoulder Injury
Related to Vaccine Administration (“SIRVA”) – as a result of an influenza (“flu”) vaccine
administered to her on September 30, 2019. Petition, ECF No. 1. Petitioner further alleges
that there has been no prior award or settlement of a civil action on her behalf as a result
of her injury. Petition at ¶¶ 4-5. 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 1:21-vv-00004-UNJ Document 29 Filed 12/27/22 Page 2 of 2
On November 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)
Report at 1. Specifically, Respondent indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (DICP), have reviewed the facts
of this case and concluded that petitioner’s claim meets the Table criteria
for SIRVA. Specifically, petitioner had no apparent history of pain,
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. 42 C.F.R. §100.3(a), (c)(10). Therefore, petitioner is entitled to
a presumption of vaccine causation.
Id. at 6. Respondent further agrees that
[w]ith respect to other statutory and jurisdictional issues, 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 the injury for more than six
months after vaccine administration. See 42 U.S.C. §§ 300aa-11(c)(1)(D)(i).
Petitioner also avers that she has not filed an action nor received any award
or settlement for petitioner’s vaccine-related injury. Ex. 4 at 1.
Id. at 7.
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_21-vv-00004-1
Date issued/filed: 2023-02-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/19/2023) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00004-UNJ Document 35 Filed 02/28/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0004V
UNPUBLISHED
JUDITH RESWEBER, Chief Special Master Corcoran
Petitioner, Filed: January 19, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 4, 2021, Judith Resweber 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 Table injury – Shoulder Injury
Related to Vaccine Administration (“SIRVA”) – as a result of an influenza (“flu”) vaccine
administered to her on September 30, 2019. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On November 18, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On January 18, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $100,200.54
(representing $100,000.00 for pain and suffering and past unreimbursable expenses of
$200.54). Proffer at 1-2. 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 1:21-vv-00004-UNJ Document 35 Filed 02/28/23 Page 2 of 5
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 $100,200.54 (representing $100,000.00 for pain and suffering and
past unreimbursable expenses of $200.54) 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 1:21-vv-00004-UNJ Document 35 Filed 02/28/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JUDITH RESWEBER, )
)
Petitioner, )
) No. 21-004V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 4, 2021, Judith Resweber (“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 September 30, 2019. Petition at 1. On November 13, 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 November 18, 2022, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 26; ECF No. 27.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $100,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00004-UNJ Document 35 Filed 02/28/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incuned past unreimbursable
expenses related to her vaccine-related injmy. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $200.54. See 42 U.S.C. § 300aa-
15(a)(l)(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 $100,200.54, in the fo1m of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Judith Resweber: $100,200.54
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D'ALESSIO
Director
T 01is Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
T 01is Branch, Civil Division
1 Should petitioner die prior to entiy of judgment, the paiiies reserve the right to move the Comi
for appropriate relief. In paiiiculai·, respondent would oppose any award for future lost eainings
and future pain and suffering.
2

Case 1:21-vv-00004-UNJ Document 35 Filed 02/28/23 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Emilie F. Williams
EMILIE F. WILLIAMS
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) 305-0124
Emilie.williams@usdoj.gov
DATED: January 17, 2023
3