VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00115
Package ID: USCOURTS-cofc-1_21-vv-00115
Petitioner: Shirley Poke
Filed: 2021-01-06
Decided: 2023-01-03
Vaccine: influenza
Vaccination date: 2019-11-07
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Shirley Poke filed a petition for compensation under the National Vaccine Injury Compensation Program on January 6, 2021, alleging she developed a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 7, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on the respondent's concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 29, 2022, finding Petitioner entitled to compensation. Subsequently, on January 3, 2023, Chief Special Master Corcoran issued a decision on damages based on a proffer agreed to by both parties. The decision awarded Shirley Poke a lump sum of $60,000.00 for all damages, including pain and suffering, in the form of a check payable to Petitioner. Petitioner was represented by John Robert Howie of Howie Law, PC, and the respondent was represented by Nina Ren of the U.S. Department of Justice. The case was treated as a Table injury claim.

Theory of causation field:
Petitioner Shirley Poke alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 7, 2019. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that residual effects lasted more than six months. This concession led to a ruling on entitlement by Chief Special Master Brian H. Corcoran on November 29, 2022. A subsequent damages decision on January 3, 2023, awarded Petitioner $60,000.00 as a lump sum for all damages, including pain and suffering, based on a proffer agreed to by Petitioner and Respondent. Petitioner was represented by John Robert Howie, and Respondent was represented by Nina Ren. The case was processed as a Table injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00115-0
Date issued/filed: 2022-12-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/29/2022) regarding 34 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00115-UNJ Document 43 Filed 12/30/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0115V
UNPUBLISHED
SHIRLEY POKE, Chief Special Master Corcoran
Petitioner,
v. Filed: November 29, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 6, 2021, Shirley Poke 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 developed a left shoulder injury related to
vaccine administration (“SIRVA”) after she received an influenza (“flu”) vaccination on
November 7, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 29, 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 states that Petitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table. Id. at 4 (citing 42 C.F.R. §§ 100.3(a),
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-00115-UNJ Document 43 Filed 12/30/22 Page 2 of 2
(c)(10). Respondent further agrees that Petitioner suffered the residual effects of her
injury for more than six months. Id. (citing Sections 13(a)(1)(B); 11(c)(D)(i)).
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-00115-1
Date issued/filed: 2023-01-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/29/2022) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00115-UNJ Document 44 Filed 01/03/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0115V
UNPUBLISHED
SHIRLEY POKE, Chief Special Master Corcoran
Petitioner,
v. Filed: November 29, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision Based on Proffer;
Influenza (Flu); Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA).
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On January 6, 2021, Shirley Poke 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 developed a left shoulder injury related to
vaccine administration (“SIRVA”) after she received an influenza (“flu”) vaccination on
November 7, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 29, 2022, a ruling on entitlement was issued, finding that Petitioner
was entitled to compensation for a Table SIRVA. That same day, Respondent filed a
proffer on award of compensation, which indicates Petitioner’s agreement to the
amount(s) therein. Based on the record as a whole, I find that Petitioner is entitled to an
award as stated in the Proffer.
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-00115-UNJ Document 44 Filed 01/03/23 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award a lump sum payment
of $60,000.00 (for all damages, including pain and suffering) 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-00115-UNJ Document 44 Filed 01/03/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SHIRLEY POKE,
Petitioner,
v. No. 21-115V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 6, 2021, petitioner, Shirley Poke, filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, as amended (the “Vaccine Act”), 42 U.S.C. §§
300aa-1 to -34, alleging that she developed a shoulder injury related to vaccine administration
(“SIRVA”), as identified in the Vaccine Injury Table (“Table”), 42 C.F.R. § 100.3(a), after she
received an influenza vaccination on November 7, 2019. See Petition.
On November 29, 2022, respondent, the Secretary of Health and Human Services, filed a
Rule 4(c) Report, indicating that this case is appropriate for compensation under the terms of the
Vaccine Act for a SIRVA Table injury, and later that same day, the Chief Special Master issued
a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 33, 34.
II. Items of Compensation
Based on the record evidence, respondent proffers that petitioner should be awarded a
lump sum of $60,000.00, for all damages, including pain and suffering. This amount represents
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:21-vv-00115-UNJ Document 44 Filed 01/03/23 Page 4 of 5
all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
III. 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 following: a lump sum payment of $60,000.00, in the form
of a check payable to petitioner.2 Petitioner agrees.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:21-vv-00115-UNJ Document 44 Filed 01/03/23 Page 5 of 5
/s/ NINA Y. REN
NINA Y. REN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington D.C. 20044-0146
(202) 451-7499
Nina.Ren@usdoj.gov
DATED: November 29, 2022
3