VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00274
Package ID: USCOURTS-cofc-1_21-vv-00274
Petitioner: Barbara Marilyn John
Filed: 2021-01-07
Decided: 2024-01-02
Vaccine: influenza
Vaccination date: 2020-07-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Barbara Marilyn John filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on July 20, 2020. She claimed the injury lasted longer than six months and that she had not filed a civil action or received other compensation. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation. The respondent determined that Ms. John had no prior history of shoulder issues, that pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that the residual effects lasted more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. John entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $65,000.00 for pain and suffering, which Ms. John agreed to. The court accepted this proffer and awarded Ms. John a lump sum payment of $65,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00274-0
Date issued/filed: 2023-09-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/02/2023) regarding 34 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00274-UNJ Document 36 Filed 09/05/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-274V
BARBARA MARILYN JOHN, Chief Special Master Corcoran
Petitioner, Filed: August 2, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Barbara Marilyn John filed a petition2 for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (SIRVA) resulting from an influenza (flu) vaccination received on
September 14, 2020. Amended Petition at 1. Petitioner further alleges the vaccine was
administered within the United States, her vaccine-related injuries lasted longer than six
months, she has not filed a civil action or received compensation in the form of an award
1 Because this Ruling 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 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 Petitioner filed an amended petition on July 9, 2021. ECF No. 14.
3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-00274-UNJ Document 36 Filed 09/05/23 Page 2 of 2
or settlement for her vaccine-related injuries. Amended Petition at 1, 9. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On July 17, 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 determined that “[P]etitioner had no history of pain,
inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within
48 hours after receipt of an intramuscular vaccination; pain was limited to the shoulder in
which the vaccine was administered; and no other condition or abnormality has been
identified to explain [P]etitioner’s shoulder pain. Id. at 7. Respondent further agrees that
Petitioner suffered the residual effects of her condition for more than six months. 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-00274-1
Date issued/filed: 2024-01-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/27/2023) regarding 41 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00274-UNJ Document 45 Filed 01/02/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-274V
BARBARA MARILYN JOHN, Chief Special Master Corcoran
Petitioner, Filed: November 27, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Barbara Marilyn John filed a petition2 for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza (“flu”) vaccination received on
September 14, 2020. Amended Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On August 2, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On November 24, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $65,000.00 for pain
and suffering. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees
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 Petitioner filed an amended petition on July 9, 2021. ECF No. 14.
3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-00274-UNJ Document 45 Filed 01/02/24 Page 2 of 5
with 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 $65,000.00 in pain and suffering 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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-00274-UNJ Document 45 Filed 01/02/24 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
BARBARA MARILYN JOHN,
Petitioner,
Case No. 21-274V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On January 7, 2021, Barbara Marilyn John (“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 alleges
that she suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as
the result of an influenza (“flu”) vaccination received on July 20, 2020.1 Pet. at 1.
On July 17, 2023, respondent filed his Rule 4(c) Report, conceding entitlement in
this case. ECF Doc. No. 33 at 1. On August 2, 2023, the Court issued its Ruling on
Entitlement, finding that petitioner was entitled to compensation. ECF Doc. No. 34.
1 On July 9, 2021, petitioner filed an amended petition, which contains the same claims
and references additional treatment. ECF Doc. No. 14.

Case 1:21-vv-00274-UNJ Document 45 Filed 01/02/24 Page 4 of 5
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $65,000.00. The award is comprised of the following: $65,000.00 for pain and
suffering. This amount represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a) regarding her July 20, 2020 flu
vaccination. Petitioner agrees.2
III. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $65,000.00, in the form of a check payable to petitioner.
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
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
2 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 lost earnings, and future pain and suffering.
2

Case 1:21-vv-00274-UNJ Document 45 Filed 01/02/24 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Mark K. Hellie
MARK K. HELLIE
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) 616-4208
E: mark.hellie@usdoj.gov
DATED: November 24, 2023
3