VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00077
Package ID: USCOURTS-cofc-1_21-vv-00077
Petitioner: Alison Axon
Filed: 2021-01-05
Decided: 2023-03-29
Vaccine: influenza
Vaccination date: 2019-10-18
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Alison Axon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on October 18, 2019. She further alleged that her symptoms had continued for more than six months. The respondent conceded that Petitioner was entitled to compensation, stating that she had no prior history of shoulder issues, experienced onset of pain within forty-eight hours of vaccination, and that her pain and reduced range of motion were limited to the vaccinated shoulder. The respondent agreed that Petitioner was entitled to a presumption of causation. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties proffered an award of $75,000.00 for all damages available under the Vaccine Act, which Petitioner accepted. The court awarded Petitioner a lump sum payment of $75,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00077-0
Date issued/filed: 2023-03-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/23/2023) regarding 38 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00077-UNJ Document 46 Filed 03/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0077V
UNPUBLISHED
ALISON AXON, Chief Special Master Corcoran
Petitioner, Filed: February 23, 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)
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 5, 2021, Alison Axon 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 right shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on
October 18, 2019. Petition at 1. Petitioner further alleges that her symptoms have
continued for more than six months. Amended Petition at 12. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On February 23, 2023, Respondent filed a combined Rule 4(c) report and Proffer
(“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to compensation in this
case. Rule 4/Proffer at 1. Specifically, Respondent states that “petitioner had no history
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-00077-UNJ Document 46 Filed 03/27/23 Page 2 of 2
of pain, inflammation, or dysfunction of the affected shoulder prior to vaccine
administration that would explain the alleged signs, symptoms, examination findings, and
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 vaccine was administered; and there is no other
condition or abnormality present that would explain her symptoms. 42 C.F.R. §
100.3(c)(10).” Id. at 3. Respondent further agrees that Petitioner is entitled to a
presumption of causation. 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-00077-1
Date issued/filed: 2023-03-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/23/2023) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00077-UNJ Document 47 Filed 03/29/23 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0077V
UNPUBLISHED
ALISON AXON, Chief Special Master Corcoran
Petitioner, Filed: February 23, 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)
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 5, 2021, Alison Axon 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 right shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on
October 18, 2019 . Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On February 23, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On February 23, 2023, Respondent filed a combined Rule 4(c)
report and proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should
be awarded a total of $75,000.00 for all damages available under Section 15(a) of the
Vaccine Act. Rule 4/Proffer at 4. In the Rule 4/Proffer, Respondent represented that
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-00077-UNJ Document 47 Filed 03/29/23 Page 2 of 2
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 Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum
payment of $75,000.00, 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