VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00199
Package ID: USCOURTS-cofc-1_21-vv-00199
Petitioner: Michelle Rorabaugh
Filed: 2021-01-07
Decided: 2022-12-08
Vaccine: influenza
Vaccination date: 2020-01-06
Condition: left-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 58847

AI-assisted case summary:
Michelle Rorabaugh filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021. She alleged that she received an influenza vaccine on January 6, 2020, and subsequently suffered from a left-sided shoulder injury related to vaccine administration (SIRVA). This condition is listed on the Vaccine Injury Table. Respondent conceded entitlement, agreeing that Petitioner met the criteria for SIRVA following a flu vaccine and that her case was timely filed and satisfied the statutory severity requirement. A ruling on entitlement was issued on October 24, 2022. Subsequently, on November 7, 2022, Respondent filed a proffer on award of compensation, indicating Petitioner's agreement to the proposed amount. Chief Special Master Corcoran awarded Michelle Rorabaugh a lump sum payment of $58,847.63, comprising $57,500.00 for pain and suffering and $1,347.63 for past unreimbursable expenses.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00199-0
Date issued/filed: 2022-11-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/24/2022) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00199-UNJ Document 30 Filed 11/28/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0199V
UNPUBLISHED
MICHELLE RORABAUGH, Chief Special Master Corcoran
Petitioner,
v. Filed: October 24, 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).
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Michelle Rorabaugh 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 received an influenza (“flu”) vaccine on January
6, 2020, and thereafter suffered from a left-sided shoulder injury related to vaccine
administration (“SIRVA”), as listed on the Vaccine Injury Table, 42 C.F.R. § 100.3. Petition
at Preamble. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On October 24, 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 has satisfied the criteria set forth in the
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-00199-UNJ Document 30 Filed 11/28/22 Page 2 of 2
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for
SIRVA following receipt of a flu vaccine. Id. at 6 (citing 42 C.F.R. §§ 100.3(a)(XIV)(B),
(c)(10(i-iv)). 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. (citing Vaccine Act Section 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_21-vv-00199-1
Date issued/filed: 2022-12-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/07/2022) regarding 26 DECISION Stipulation/Proffer, (Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00199-UNJ Document 31 Filed 12/08/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0199V
UNPUBLISHED
MICHELLE RORABAUGH, Chief Special Master Corcoran
Petitioner,
v. Filed: November 7, 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).
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Michelle Rorabaugh 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 received an influenza (“flu”) vaccine on January
6, 2020, and thereafter suffered from a left-sided shoulder injury related to vaccine
administration (“SIRVA”), as listed on the Vaccine Injury Table, 42 C.F.R. § 100.3. Petition
at Preamble. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
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-00199-UNJ Document 31 Filed 12/08/22 Page 2 of 5
On October 24, 2022, a ruling on entitlement was issued, finding that Petitioner
was entitled to compensation for a SIRVA Table injury. On November 7, 2022,
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.
Pursuant to the terms stated in the attached Proffer, I award a lump sum payment
of $58,847.63 (representing $57,500.00 for pain and suffering and $1,347.63 for past
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-00199-UNJ Document 31 Filed 12/08/22 Page 3 of 5
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHELLE RORABAUGH,
Petitioner,
v. No. 21-199V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 7, 2021, Michelle Rorabaugh (“petitioner”) timely filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the
Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-10 to -34. Petitioner alleges that she received an
influenza (“flu”) vaccination on January 6, 2020, and thereafter suffered from a left-sided
shoulder injury related to vaccine administration (“SIRVA”). See Petition at 1. On October 24,
2022, 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 for a SIRVA
Table injury, and on October 24, 2022, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 23; ECF No. 24.
I. Items 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.

Case 1:21-vv-00199-UNJ Document 31 Filed 12/08/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $ 1,347.63. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent 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 following1: a lump sum payment of $58,847.63, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Michelle Rorabaugh: $58,847.63
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-00199-UNJ Document 31 Filed 12/08/22 Page 5 of 5
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Emily H. Manoso
EMILY H. MANOSO
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) 305-3912
Email: Emily.H.Manoso@usdoj.gov
DATED: November 7, 2022
3