VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00076
Package ID: USCOURTS-cofc-1_21-vv-00076
Petitioner: Heather Phillips
Filed: 2021-01-05
Decided: 2024-10-22
Vaccine: influenza
Vaccination date: 2019-11-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 107799

AI-assisted case summary:
Heather Phillips filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) in her right shoulder as a result of an influenza vaccine administered on November 13, 2019. She further alleged that she suffered residual symptoms for more than six months. The respondent conceded that Petitioner is entitled to compensation, agreeing that she met the criteria for SIRVA on the Vaccine Injury Table. Specifically, Respondent noted that Petitioner had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of vaccination, her symptoms were limited to the vaccinated shoulder, and no other condition explained her symptoms. The parties were unable to informally resolve the issue of damages, leading to a hearing on September 20, 2024. Petitioner sought $117,500.00 for pain and suffering, while Respondent recommended $82,500.00. The Chief Special Master awarded Heather Phillips a total of $107,799.97, comprising $107,000.00 for actual pain and suffering and $799.97 for actual unreimbursable expenses. This award represents compensation for all damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00076-0
Date issued/filed: 2023-07-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/26/2023) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00076-UNJ Document 33 Filed 07/10/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0076V
UNPUBLISHED
HEATHER PHILLIPS, Chief Special Master Corcoran
Petitioner, Filed: May 26, 2023
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.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 5, 2021, Heather Phillips 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 receiving an influenza (“flu”) vaccine in her right
shoulder on November 13, 2019. Petition at 1. Petitioner further alleges that she
suffered the residual symptoms of her injury for more than six months. Petition at 2. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 26, 2023, Respondent filed an Amended 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 now satisfied the criteria
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-00076-UNJ Document 33 Filed 07/10/23 Page 2 of 2
set forth in the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to
Interpretation (‘QAI’) for SIRVA.” Id. at 6. Respondent further agrees that “petitioner
had no history of pain, inflammation or dysfunction in her right shoulder; her pain and
reduced range of motion occurred within 48 hours of receipt of an intramuscular
vaccination; her symptoms were limited to the shoulder in which the vaccine was
administered; and no other condition or abnormality was identified to explain her
symptoms. 42 C.F.R. § 100.3(a), (c)(10). In addition, given the medical records outlined
above, petitioner has satisfied the statutory requirement that petitioner’s injury lasted for
at least six months as required by 42 U.S.C. § 300aa-11(c)(1)(D)(i).” Id.
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-00076-1
Date issued/filed: 2024-10-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/20/2024) regarding 53 DECISION of Special Master Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00076-UNJ Document 59 Filed 10/22/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0076V
HEATHER PHILLIPS,
Chief Special Master Corcoran
Petitioner,
v.
Filed: September 20, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 5, 2024, Heather Phillips 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”) in her right shoulder as a result of an influenza (“flu”) vaccine
administered on November 13, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters. Because the parties could not informally
resolve the issue of damages, they were ordered to file briefs setting forth their respective
arguments and were notified that I would resolve this dispute via an expedited “Motions
Day” hearing, which ultimately took place on September 20, 2024.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00076-UNJ Document 59 Filed 10/22/24 Page 2 of 2
Petitioner seeks an award of $117,500.00 in compensation for Petitioner’s actual
pain and suffering Respondent recommends an award of $82,500.00.
After listening to the arguments of both sides, I issued an oral ruling on damages
constituting my findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A),
at the conclusion of the September 20, 2024 hearing. An official recording of the
proceeding was taken by a court reporter, although a transcript has not yet been filed in
this matter. I hereby fully adopt and incorporate that oral ruling as officially recorded. As
discussed during my oral ruling, in another recent decision I discussed at length the legal
standard to be considered in determining damages and prior SIRVA compensation within
SPU. I fully adopt and hereby incorporate my prior discussion in Sections II and III of
Winkle v. Sec’y Health & Hum. Servs., No. 20-0485V, 2022 WL 221643, at *2-4 (Fed. Cl.
Spec. Mstr. Jan. 11, 2022) to the instant ruling and decision. Additionally, the official
recording of my oral ruling includes my discussion of various comparable cases as well
as specific facts relating to Petitioner’s medical history and experience that further
informed my decision awarding damages herein.
Based on my consideration of the complete record as a whole and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $107,000.00
represents a fair and appropriate amount of compensation for Petitioner’s actual
pain and suffering.3 I also find that Petitioner is entitled to $799.97 in actual
unreimbursable expenses.
Accordingly, I award Petitioner a lump sum payment of $107,799.97, 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
4 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