VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00222
Package ID: USCOURTS-cofc-1_21-vv-00222
Petitioner: Eileen Marrinan
Filed: 2021-01-07
Decided: 2023-10-20
Vaccine: influenza
Vaccination date: 2019-10-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 88560

AI-assisted case summary:
Eileen Marrinan filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 24, 2019. She further alleged that the residual effects of her injury lasted for more than six months. The respondent conceded that Ms. Marrinan was entitled to compensation, agreeing that her condition met the criteria for SIRVA on the Vaccine Injury Table and that she satisfied the statutory severity requirement. A ruling on entitlement was issued on April 25, 2023, finding her entitled to compensation. Subsequently, on September 18, 2023, the respondent filed a proffer on award of compensation, recommending a total award of $88,560.50. This amount included $87,500.00 for pain and suffering and $1,060.50 for out-of-pocket expenses. Ms. Marrinan, an adult, agreed with the proffered award. On October 20, 2023, the Chief Special Master issued a decision awarding Ms. Marrinan the lump sum of $88,560.50, representing compensation for all elements of economic and noneconomic damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00222-0
Date issued/filed: 2023-05-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/25/2023) regarding 28 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00222-UNJ Document 31 Filed 05/30/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0222V
UNPUBLISHED
EILEEN MARRINAN, Chief Special Master Corcoran
Petitioner, Filed: April 25, 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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Eileen Marrinan 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 vaccine
administration as a result of an influenza vaccination she received on October 24, 2019.
Amended Petition at 1. Petitioner further alleges that she suffered the residual effects of
her injury for more than six months. Amended Petition at ¶11. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On April 24, 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.
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-00222-UNJ Document 31 Filed 05/30/23 Page 2 of 2
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
and Aids to Interpretation (“QAI”) for SIRVA.” Id. at 9. Respondent further agrees that “the
records show that Petitioner timely filed her vase, 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.
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-00222-1
Date issued/filed: 2023-10-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/19/2023) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00222-UNJ Document 41 Filed 10/20/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0222V
EILEEN MARRINAN, Chief Special Master Corcoran
Petitioner, Filed: September 19, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Eileen Marrinan 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 vaccine
administration (“SIRVA”) as a result of an influenza vaccination she received on October
24, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On April 25, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. On September 18, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $88,560.50,
comprised of $87,500.00 in pain and suffering and $1,060.50 in out-of-pocket expenses.
Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the
1 Because this 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).

Case 1:21-vv-00222-UNJ Document 41 Filed 10/20/23 Page 2 of 5
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 $88,560.50, comprised of $87,500.00 in pain and suffering and
$1,060.50 in out-of-pocket 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-00222-UNJ Document 41 Filed 10/20/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
EILEEN MARRINAN,
Petitioner,
No. 21-222V
v. Chief Special Master Corcoran
SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 7, 2021, Eileen Marrinan (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
–34, as amended (“Vaccine Act” or “Act”). Petitioner alleges that she suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of an influenza vaccination
administered on October 24, 2019. Petition at 1.
On April 24, 2023, respondent filed his Vaccine Rule 4(c) report, recommending that
compensation be awarded. ECF No. 27. On April 25, 2023, this Court issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 28.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $88,560.50, consisting of
$87,500.00 for pain and suffering and $1,060.50 for out-of-pocket expenses. This represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.

Case 1:21-vv-00222-UNJ Document 41 Filed 10/20/23 Page 4 of 5
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 $88,560.50, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Eileen Marrinan.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Eileen Marrinan: $88,560.50.
Respectfully submitted,
BRIAN BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
COLLEEN C. HARTLEY
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 lost earnings
and future pain and suffering.
2

Case 1:21-vv-00222-UNJ Document 41 Filed 10/20/23 Page 5 of 5
s/ Jennifer A. Shah
Jennifer A. Shah
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) 305-2181
Jennifer.shah@usdoj.gov
Dated: September 18, 2023
3