VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00225
Package ID: USCOURTS-cofc-1_21-vv-00225
Petitioner: Barbara Muhling
Filed: 2021-01-07
Decided: 2023-04-10
Vaccine: influenza
Vaccination date: 2018-10-17
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 45680

AI-assisted case summary:
Barbara Muhling filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on October 17, 2018. She further alleged that she suffered the residual effects of her vaccine injury for more than six months. The respondent conceded that Petitioner is entitled to compensation, stating that her injury satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA. The respondent also agreed that Petitioner timely filed her case, received the flu vaccine in the United States, and satisfied the statutory severity requirement. Based on the respondent's concession and the evidence of record, the Chief Special Master found Petitioner entitled to compensation. Subsequently, the parties filed a proffer on award of compensation. The respondent proffered that Petitioner should be awarded $45,680.00, representing $45,000.00 in pain and suffering and $680.00 in out-of-pocket expenses. Petitioner agreed with this proffered award. The Chief Special Master awarded Petitioner a lump sum payment of $45,680.00, representing compensation for all damages available under Section 15(a).

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00225-0
Date issued/filed: 2023-01-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/27/2022) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00225-UNJ Document 25 Filed 01/30/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0225V
UNPUBLISHED
BARBARA MUHLING, Chief Special Master Corcoran
Petitioner, Filed: December 27, 2022
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.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Barbara Muhling 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
17, 2018. Petition at 1. Petitioner further alleges that she suffered the residual effects of
her vaccine injury for more than six months. Petition at ¶3. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 22, 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)
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-00225-UNJ Document 25 Filed 01/30/23 Page 2 of 2
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 and Aids to Interpretation (“QAI”) for SIRVA.” Id. at 3-4. 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. at 4.
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-00225-1
Date issued/filed: 2023-04-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/27/2023) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00225-UNJ Document 32 Filed 04/10/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0225V
UNPUBLISHED
BARBARA MUHLING, Chief Special Master Corcoran
Petitioner, Filed: February 27, 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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Barbara Muhling 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
17, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 27, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On February 27, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $45,680.00,
representing $45,000.00 in pain and suffering and $680.00 in out-of-pocket expenses.
Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the
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-00225-UNJ Document 32 Filed 04/10/23 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 $45,680.00, representing $45,000.00 in past pain and suffering and
$680.00 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-00225-UNJ Document 32 Filed 04/10/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
BARBARA MUHLING, )
)
Petitioner, ) No. 21-225V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 7, 2021, Barbara Muhling (“petitioner”) filed a petition for compensation
(“Pet.”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), as amended. Petitioner alleged that she suffered from a left Shoulder
Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”)
vaccination administered on October 17, 2018. Pet. at 1. On December 22, 2022, respondent
filed his Vaccine Rule 4(c) Report, concluding that petitioner suffered from SIRVA as defined
by the Vaccine Injury Table, within the Table timeframe. ECF No. 21. On December 27, 2022,
Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled
to compensation for a SIRVA Table injury. ECF No. 22.
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-00225-UNJ Document 32 Filed 04/10/23 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $45,680.00, consisting of $45,000.00 for past pain and suffering and $680.00 for
out-of-pocket expenses. This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
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 $45,680.00 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-00225-UNJ Document 32 Filed 04/10/23 Page 5 of 5
s/ Joseph A. Lewis
JOSEPH A. LEWIS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146,
Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 451-7495
E: joseph.a.lewis@usdoj.gov
DATED: February 27, 2023
3