VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00157
Package ID: USCOURTS-cofc-1_21-vv-00157
Petitioner: Michael Hileman
Filed: 2021-01-06
Decided: 2023-04-03
Vaccine: influenza
Vaccination date: 2020-09-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60714

AI-assisted case summary:
Michael Hileman filed a petition for compensation on January 6, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 12, 2020. The respondent filed a Rule 4(c) report conceding that Mr. Hileman was entitled to compensation, stating that his case met the criteria for a Table injury. The respondent agreed that Mr. Hileman timely filed his case, received the vaccine in the United States, and satisfied the statutory severity requirement by suffering residual effects for more than six months. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 3, 2023, finding Mr. Hileman entitled to compensation. Subsequently, on March 2, 2023, the respondent filed a proffer recommending an award of $60,714.85. This amount included $60,000.00 for pain and suffering and $714.85 for out-of-pocket expenses. Mr. Hileman, who is a competent adult, agreed with this proffered award. Chief Special Master Corcoran issued a decision on April 3, 2023, awarding Mr. Hileman the sum of $60,714.85 as a lump sum payment. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Michael Hileman alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 12, 2020. The respondent conceded that the injury met the criteria for a Table injury under the Vaccine Injury Table and Qualifications and Aids to Interpretation (QAI). The respondent agreed that the petitioner timely filed, received the vaccine in the United States, and met the statutory severity requirement of suffering residual effects for more than six months. The public text does not detail the specific mechanism of injury or name any medical experts. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 3, 2023, finding the petitioner entitled to compensation. On March 2, 2023, respondent filed a proffer recommending an award of $60,714.85, consisting of $60,000.00 for pain and suffering and $714.85 for out-of-pocket expenses, which the petitioner accepted. Chief Special Master Corcoran issued a decision awarding this amount on April 3, 2023. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Katherine Carr Esposito.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00157-0
Date issued/filed: 2023-02-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/03/2023) regarding 30 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00157-UNJ Document 33 Filed 02/08/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0157V
UNPUBLISHED
MICHAEL HILEMAN, Chief Special Master Corcoran
Petitioner, Filed: January 3, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 6, 2021, Michael Hileman 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccination he received on September
12, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 3, 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. Specifically, Respondent states that “it is Respondent’s position that Petitioner has
satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications
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-00157-UNJ Document 33 Filed 02/08/23 Page 2 of 2
and Aids to Interpretation (“QAI”) for SIRVA.” Id. at 6. Respondent further agrees that
“Petitioner timely filed his case, that he received the flu vaccine in the United States, and
that he satisfies the statutory severity requirement by suffering the residual effects or
complications of his 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-00157-1
Date issued/filed: 2023-04-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/02/2023) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00157-UNJ Document 40 Filed 04/03/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0157V
UNPUBLISHED
MICHAEL HILEMAN, Chief Special Master Corcoran
Petitioner, Filed: March 2, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 6, 2021, Michael Hileman 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccination he received on September
12, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 3, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for Petitioner’s SIRVA. On March 2, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $60,714.85,
representing $65,000.00 in actual pain and suffering and $714.85 in out-of-pocket
expenses. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with
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-00157-UNJ Document 40 Filed 04/03/23 Page 2 of 5
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 $60,714.85, representing $60,000.00 in actual pain and suffering
and $714.85 in unreimbursed expenses, 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-00157-UNJ Document 40 Filed 04/03/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHAEL HILEMAN,
Petitioner,
No. 21-157V (ECF)
v. Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER OF COMPENSATION
On January 6, 2021, Michael Hileman (“petitioner”) filed a Petition for Compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine
Act” or “the Act”). 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that he suffered a Table
shoulder injury related to vaccine administration (“SIRVA”). See Petition at 1. On January 3,
2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report
indicating that this case is appropriate for compensation under the terms of the Act, and the Chief
Special Master subsequently issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 29; ECF No. 30.
I. Items of Compensation
Respondent proffers that petitioner be awarded $60,714.85 for all damages available
pursuant to 42 U.S.C. § 300aa-15(a). Of the total amount, $60,000.00 represents an award for
actual pain and suffering, and $714.85 represents documented out-of-pocket medical expenses
paid for by petitioner. There are no other claimed categories of compensation. Petitioner agrees.

Case 1:21-vv-00157-UNJ Document 40 Filed 04/03/23 Page 4 of 5
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Petitioner requests and respondent recommends that the compensation provided to petitioner
should be made through a lump sum payment, and respondent requests that the Chief Special
Master’s decision and the Court’s judgment award the following: 1 a lump sum of $60,714.85 in
the form of a check payable to petitioner, Michael Hileman.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Michael Hileman: $60,714.85
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
TRACI R. PATTON
Assistant 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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:21-vv-00157-UNJ Document 40 Filed 04/03/23 Page 5 of 5
s/Katherine C. Esposito
Katherine C. Esposito
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) 305-3774
katherine.esposito@usdoj.gov
Dated: March 2, 2023
3