VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00261
Package ID: USCOURTS-cofc-1_21-vv-00261
Petitioner: Helena McGaughey
Filed: 2021-01-07
Decided: 2023-01-23
Vaccine: influenza
Vaccination date: 2019-10-03
Condition: right-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52500

AI-assisted case summary:
Helena McGaughey filed a petition on January 7, 2021, alleging that she received an influenza vaccine on October 3, 2019, and subsequently suffered a right-sided shoulder injury related to vaccine administration (SIRVA). The respondent filed a Rule 4(c) report on December 6, 2022, conceding that Ms. McGaughey was entitled to compensation because her condition met the criteria for SIRVA on the Vaccine Injury Table and the Qualifications and Aids for Interpretation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 7, 2022, finding Ms. McGaughey eligible for compensation. Subsequently, on December 20, 2022, the respondent filed a proffer on award of compensation, indicating the petitioner's agreement to the proposed award. Chief Special Master Corcoran issued a decision on damages on January 23, 2023, awarding Helena McGaughey a lump sum payment of $52,500.00, payable by check to the petitioner, for all damages. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Terrence Kevin Mangan, Jr. of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as SIRVA. The award amount does not include attorneys' fees and costs, which the parties intended to address separately.

Theory of causation field:
Petitioner Helena McGaughey alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 3, 2019. The respondent conceded entitlement, agreeing that the condition met the criteria for SIRVA on the Vaccine Injury Table. The public text does not detail the specific mechanism of injury, onset, symptoms, medical tests, or treatments. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 7, 2022, and a damages decision on January 23, 2023. The award was a lump sum of $52,500.00 for all damages, as agreed upon in a proffer filed by the respondent on December 20, 2022. Petitioner was represented by Paul R. Brazil and respondent by Terrence Kevin Mangan, Jr.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00261-0
Date issued/filed: 2023-01-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/07/2022) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00261-UNJ Document 28 Filed 01/10/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0261V
UNPUBLISHED
HELENA MCGAUGHEY, Chief Special Master Corcoran
Petitioner,
v. Filed: December 7, 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).
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Helena McGaughey 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”) vaccination on
October 3, 2019, and thereafter suffered a right-sided shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On December 6, 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-00261-UNJ Document 28 Filed 01/10/23 Page 2 of 2
Vaccine Injury Table (“Table”) and the Qualifications and Aids for Interpretation (“QAI”)
for SIRVA. Id. at 7-8 (citing 42 C.F.R. § 100.3(c)(10).
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-00261-1
Date issued/filed: 2023-01-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/20/2022) regarding 24 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00261-UNJ Document 29 Filed 01/23/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0261V
UNPUBLISHED
HELENA MCGAUGHEY, Chief Special Master Corcoran
Petitioner,
v. Filed: December 20, 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).
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON DAMAGES1
On January 7, 2021, Helena McGaughey 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 alleged that she received an influenza (“flu”) vaccination on
October 3, 2019, and thereafter suffered a right-sided shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On December 7, 2022, a ruling on entitlement was issued, finding that Petitioner
was entitled to compensation for a Table SIRVA. On December 20, 2022, Respondent
filed a proffer on award of compensation, which indicates Petitioner’s agreement to 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-00261-UNJ Document 29 Filed 01/23/23 Page 2 of 4
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 $52,500.00 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-00261-UNJ Document 29 Filed 01/23/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
HELENA MCGAUGHEY,
Petitioner, No. 21-261V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 7, 2021, Helena McGaughey (“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. She alleges that, as a result of receiving the influenza vaccine on October 3,
2019, she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”). See
Petition. On December 6, 2022, respondent filed his Vaccine Rule 4(c) report conceding this
SIRVA Table case. On December 7, 2022, Chief Special Master Corcoran issued a ruling on
entitlement, finding that petitioner was entitled to compensation for a SIRVA Table injury.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $52,500.00, for all damages. This amount represents all elements of
compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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-00261-UNJ Document 29 Filed 01/23/23 Page 4 of 4
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 $52,500.00, 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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Terrence K. Mangan, Jr.__
TERRENCE K. MANGAN, JR.
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 532-5875
Email: terrence.mangan@usdoj.gov
Dated: December 20, 2022
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