VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00128
Package ID: USCOURTS-cofc-1_21-vv-00128
Petitioner: Nicole Lung
Filed: 2021-01-06
Decided: 2023-06-05
Vaccine: influenza
Vaccination date: 2019-12-06
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 97500

AI-assisted case summary:
Nicole Lung filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccination she received on December 6, 2019. The petition stated that the vaccination was administered in the United States, her symptoms lasted for more than six months, and no prior action or compensation had been received for these injuries. Respondent conceded that Petitioner was entitled to compensation, agreeing that her claim met the Table criteria for SIRVA. Specifically, Respondent determined that Petitioner had no prior shoulder issues, experienced pain within 48 hours of the vaccination, and that the pain and reduced range of motion were limited to the injection site. The case was timely filed, the vaccine was received in the United States, and Petitioner met the statutory severity requirement. Based on the concession and the evidence, entitlement was granted. Subsequently, a damages decision was issued. Respondent proffered an award of $97,500.00 for pain and suffering, which Petitioner agreed to. The court awarded Nicole Lung a lump sum payment of $97,500.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00128-0
Date issued/filed: 2023-05-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/12/2023) regarding 31 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. (Main Document 38 replaced on 5/15/2023 with correct PDF) (sw).
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Case 1:21-vv-00128-UNJ Document 38 Filed 05/15/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-128V
UNPUBLISHED
NICOLE LUNG, Chief Special Master Corcoran
Petitioner, Filed: April 12, 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)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On January 6, 2021, Nicole Lung filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”).3 Petitioner alleges that she suffered left shoulder injuries related to
vaccine administration (SIRVA) resulting from the influenza (flu) vaccination she received
on December 6, 2019. Amended Petition at 1. Petitioner further alleges the vaccination
was administered within the United States, her symptoms lasted for more than six
months, and neither she, nor any other party, has ever filed any action or received
compensation in the form of an award or settlement for Petitioner’s vaccine-related
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).
3 Petitioner filed an Amended Petition on May 20, 2021. See ECF No. 9.

Case 1:21-vv-00128-UNJ Document 38 Filed 05/15/23 Page 2 of 2
injuries. Petition at 1, 4-5. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 29, 2023, 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. Respondent concluded that Petitioner’s claim meets the Table criteria for SIRVA. Id. at
10. Specifically, Respondent determined that “[P]etitioner had no history of pain,
inflammation, or dysfunction in the affected shoulder prior to intramuscular vaccine
administration that would explain the alleged signs, symptoms, examination findings,
and/or diagnostic studies occurring after vaccine injection; she more likely than not
suffered the onset of pain within forty-eight hours of vaccine administration; her pain and
reduced ROM were limited to the shoulder in which the intramuscular vaccine was
administered; and there is no other condition or abnormality present that would explain
[P]etitioner’s symptoms.” Id. Respondent further agrees that “this case was timely filed,
that the vaccine was received in the United States, and that [P]etitioner satisfies the
statutory severity requirement by suffering the residual effects or complications of her
injury for more than six months after vaccine administration.” 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-00128-1
Date issued/filed: 2023-06-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/05/2023) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00128-UNJ Document 39 Filed 06/05/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0128V
UNPUBLISHED
NICOLE LUNG, Chief Special Master Corcoran
Petitioner, Filed: May 5, 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)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On January 6, 2021, Nicole Lung filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”).3 Petitioner alleges that she suffered left shoulder injuries related to
vaccine administration (“SIRVA”) resulting from the influenza vaccination she received on
December 6, 2019. Amended Petition at 1. Petitioner further alleges the vaccination was
administered within the United States, her symptoms lasted for more than six months,
and neither she, nor any other party, has ever filed any action or received compensation
in the form of an award or settlement for Petitioner’s vaccine-related injuries. Amended
1 Because this unpublished 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).
3 Petitioner filed an Amended Petition on May 20, 2021. See ECF No. 9.

Case 1:21-vv-00128-UNJ Document 39 Filed 06/05/23 Page 2 of 5
Petition at 1, 4-5. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 12, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On May 4, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $97,500.00. Proffer at
2. In the Proffer, Respondent represented that 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 Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $97,500.00 (all of which is for 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
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

Case 1:21-vv-00128-UNJ Document 39 Filed 06/05/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
NICOLE LUNG, )
)
Petitioner, )
) No. 21-128V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 6, 2021, Nicole Lung (“petitioner”) filed a petition for compensation (ECF
No. 1) under the National Childhood Vaccine Injury Act of 1986, as amended (“Vaccine Act”),
42 U.S.C. §§ 300aa-1 to -34, alleging that she received an influenza (“flu”) vaccination on
December 6, 2019, and thereafter suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table. ECF No. 1 at 1. Petitioner filed her first
amended petition (ECF No. 9) on May 20, 2021. The amended petition provided an expanded
set of facts based on petitioner’s medical records; however, it contained no changes to the legal
allegations brought in this case. See ECF No. 9. On March 29, 2023, the Secretary of Health
and Human Services (“respondent”) filed a Rule 4(c) report (ECF No. 30) indicating that this
case was appropriate for compensation under the terms of the Vaccine Act for a SIRVA Table
injury. On April 12, 2023, the Chief Special Master issued a Ruling on Entitlement (ECF No.
31) finding that petitioner was entitled to compensation.

Case 1:21-vv-00128-UNJ Document 39 Filed 06/05/23 Page 4 of 5
I. Item of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $97,500.00 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). 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 following:1 a lump sum payment of $97,500.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Nicole Lung: $97,500.00
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
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-00128-UNJ Document 39 Filed 06/05/23 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Benjamin P. Warder
BENJAMIN P. WARDER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Telephone: (202) 532-5464
Email: Benjamin.P.Warder@usdoj.gov
DATE: May 4, 2023
3