VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00080
Package ID: USCOURTS-cofc-1_21-vv-00080
Petitioner: Rebecca Knight
Filed: 2021-01-05
Decided: 2022-12-07
Vaccine: influenza
Vaccination date: 2018-11-09
Condition: left shoulder injuries related to vaccine administration
Outcome: compensated
Award amount USD: 57500

AI-assisted case summary:
Rebecca Knight filed a petition on January 5, 2021, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 9, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 23, 2022, conceding that Ms. Knight was entitled to compensation. The respondent agreed that Ms. Knight met the criteria for SIRVA under the Vaccine Injury Table, had timely filed her case, received the vaccine in the United States, and satisfied the statutory severity requirement by suffering residual effects for more than six months. On September 26, 2022, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Ms. Knight entitled to compensation. Subsequently, on October 14, 2022, the respondent filed a proffer proposing an award of $57,500.00, representing compensation for all damages available under the Vaccine Act, including pain and suffering. Ms. Knight agreed to this proposed award. On December 7, 2022, Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages, awarding Ms. Knight a lump sum payment of $57,500.00 in the form of a check payable to her. Ms. Knight is a competent adult. Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and the respondent was represented by Andrew Henning of the U.S. Department of Justice.

Theory of causation field:
Petitioner Rebecca Knight alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccine administered on November 9, 2018. The respondent conceded entitlement, agreeing that the injury met the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation for SIRVA induced by flu vaccine. The respondent also confirmed timely filing, vaccination in the United States, and satisfaction of the statutory severity requirement. A Ruling on Entitlement was issued by Chief Special Master Brian H. Corcoran on September 26, 2022. Subsequently, a Proffer on Award of Compensation was filed on October 14, 2022, proposing an award of $57,500.00 for pain and suffering, which Petitioner agreed to. This amount represents all elements of compensation under 42 U.S.C. § 300aa-15(a). The award was made as a lump sum payment of $57,500.00, payable to Petitioner, who is a competent adult. The decision was issued by Chief Special Master Brian H. Corcoran on December 7, 2022. Petitioner was represented by Danielle Strait, and Respondent was represented by Andrew Henning.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00080-0
Date issued/filed: 2022-11-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/26/2022) regarding 41 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00080-UNJ Document 49 Filed 11/03/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0080V
UNPUBLISHED
REBECCA KNIGHT, Chief Special Master Corcoran
Petitioner, Filed: September 26, 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)
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 5, 2021, Rebecca Knight 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 left shoulder injuries related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on November
9, 2018. Petition at ¶¶ 1, 21. Petitioner further alleges that the vaccine was administered
in the United States, her injuries have lasted more than six months, and neither Petitioner
nor any other party has brought an action or received compensation in the form of an
award or settlement for Petitioner’s vaccine-related injuries. Petition at ¶¶ 23, 25-26. 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-00080-UNJ Document 49 Filed 11/03/22 Page 2 of 2
On September 23, 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 agrees that “petitioner has satisfied the criteria set
forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”) for SIRVA induced by flu vaccine.” Id. at 6-7. Respondent further agrees that
Petitioner “timely filed her case, that she received the flu vaccine in the United States,
and that she 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 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-00080-1
Date issued/filed: 2022-12-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/20/2022) regarding 45 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00080-UNJ Document 50 Filed 12/07/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-80V
UNPUBLISHED
REBECCA KNIGHT, Chief Special Master Corcoran
Petitioner, Filed: October 20, 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)
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 5, 2021, Rebecca Knight 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 a vaccine
administration (“SIRVA”) as a result of an influenza vaccination administered on
November 9, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On September 26, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On October 14, 2022, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $57,500.00.
Proffer at 1. 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-00080-UNJ Document 50 Filed 12/07/22 Page 2 of 4
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 $57,500.00 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 1:21-vv-00080-UNJ Document 50 Filed 12/07/22 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
REBECCA KNIGHT,
Petitioner,
v. No. 21-80V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND SPU
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 23, 2022, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. ECF No. 40. On September 26, 2022, Chief
Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to
vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”).
ECF No. 41.
I. Item of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $57,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represents all elements of compensation to which petitioner is 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 1:21-vv-00080-UNJ Document 50 Filed 12/07/22 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $57,500.00, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ ANDREW J. HENNING
ANDREW J. HENNING
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) 616-4405
Email: andrew.j.henning@usdoj.gov
DATED: October 14, 2022
2