VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00069
Package ID: USCOURTS-cofc-1_21-vv-00069
Petitioner: Ashley Frei
Filed: 2021-01-05
Decided: 2022-07-20
Vaccine: influenza
Vaccination date: 2020-03-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55611

AI-assisted case summary:
Ashley Frei filed a petition for compensation on January 5, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on March 16, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 13, 2022, conceding that Ms. Frei is entitled to compensation. The respondent concluded that Ms. Frei's injury satisfies the criteria set forth in the Vaccine Injury Table for SIRVA and meets the statutory severity requirements. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 14, 2022, finding Ms. Frei entitled to compensation. Subsequently, on June 15, 2022, the respondent filed a proffer recommending an award of $55,611.23. This amount included $55,000.00 for pain and suffering and $611.23 for past unreimbursable expenses. Ms. Frei, identified as a competent adult, agreed with the proffered award. Chief Special Master Corcoran issued a decision awarding damages on July 20, 2022, in accordance with the proffer, granting a lump sum payment of $55,611.23, payable to Ms. Frei. Petitioner's counsel was Maximillian J. Muller of Muller Brazil, LLP. Respondent's counsel was James Vincent Lopez of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The case was handled by the Special Processing Unit.

Theory of causation field:
Petitioner Ashley Frei alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on March 16, 2020. The respondent conceded entitlement, finding the injury met the criteria for a SIRVA Table injury and satisfied statutory severity requirements. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 14, 2022. On June 15, 2022, respondent filed a proffer recommending an award of $55,611.23, comprising $55,000.00 for pain and suffering and $611.23 for past unreimbursable expenses, which petitioner agreed to. Chief Special Master Corcoran issued a decision awarding damages on July 20, 2022. Petitioner's counsel was Maximillian J. Muller; respondent's counsel was James Vincent Lopez. The public text does not detail specific medical experts, the mechanism of injury, or competing medical theories.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00069-0
Date issued/filed: 2022-07-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/14/2022 ) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00069-UNJ Document 31 Filed 07/20/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-69V
UNPUBLISHED
ASHLEY FREI, Chief Special Master Corcoran
Petitioner, Filed: June 14, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 5, 2021, Ashley Frei 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”) following an influenza vaccine administered on March 16, 2020.
Petition at 1. Petitioner further alleges that the vaccine was administered within the United
States, that there has been no award or compensation for her injury, and that she has
suffered the residual effects of her injury for more than six months. Amended Petition at
1-2. 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-00069-UNJ Document 31 Filed 07/20/22 Page 2 of 2
On June 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 has concluded that Petitioner has satisfied the criteria set forth
in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a SIRVA.
Id. at 5. Respondent further agrees that Petitioner has satisfied the statutory severity
requirements for compensation. 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_21-vv-00069-1
Date issued/filed: 2022-07-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/16/2022) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00069-UNJ Document 32 Filed 07/20/22 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-69V
UNPUBLISHED
ASHLEY FREI, Chief Special Master Corcoran
Petitioner, Filed: June 16, 2022
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.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 5, 2021, Ashley Frei 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”) following the administration of an influenza (“flu”) vaccine
received on March 16, 2020. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 14, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On June 15, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $55,611.23 comprised
of $55,000.00 for pain and suffering and $611.23 for past unreimbursable expenses.
Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with 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 1:21-vv-00069-UNJ Document 32 Filed 07/20/22 Page 2 of 5
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 $55,611.23 (comprised of $55,000.00 for pain and suffering and
$611.23 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 1:21-vv-00069-UNJ Document 32 Filed 07/20/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
ASHLEY FREI, )
)
Petitioner, )
) No. 21-69V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 5, 2021, Ashley Frei (“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
(“flu”) vaccine she received on March 16, 2020. On June 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 June 14, 2022, the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
ECF No. 23; ECF No. 24.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $55,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00069-UNJ Document 32 Filed 07/20/22 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 $611.23. 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 $55,611.23, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Ashley Frei: $55,611.23
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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 1:21-vv-00069-UNJ Document 32 Filed 07/20/22 Page 5 of 5
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s James V. Lopez
James V. Lopez
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3655
Fax: (202) 616-4310
Email: james.lopez@usdoj.gov
Date: June 15, 2022
3