VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00292
Package ID: USCOURTS-cofc-1_21-vv-00292
Petitioner: Leah King
Filed: 2021-01-07
Decided: 2024-07-24
Vaccine: influenza
Vaccination date: 2020-09-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 153249

AI-assisted case summary:
Leah King filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 10, 2020. The respondent, the Secretary of Health and Human Services, conceded that Petitioner's injury was consistent with SIRVA, a defined Table injury, and that she had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on October 10, 2023, finding Petitioner entitled to compensation. Subsequently, on June 20, 2024, the respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $153,249.13. This amount represents $145,000.00 for pain and suffering, $5,202.63 for past unreimbursable expenses, and $3,046.50 for past lost wages. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $153,249.13.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00292-0
Date issued/filed: 2023-11-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/10/2023) regarding 45 Ruling on Entitlement, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00292-UNJ Document 47 Filed 11/13/23 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0292V
LEAH KING, Chief Special Master Corcoran
Petitioner, Filed: October 10, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Lisa Annette Roquemore, Law Office of Lisa A. Roquemore, Rancho Santa Margarita,
CA, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Leah King filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”).3 Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury or, in the alternative caused-in-fact injury,
after receiving an influenza (“flu”) vaccine on September 10, 2020. Amended Petition at
2, 5. Petitioner further alleges that she received the vaccine within the United States, that
she suffered the residual effects of her SIRVA injury more than six months, and that
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 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).
3 On March 17, 2023, Petitioner filed an amended petition. ECF No. 36.

Case 1:21-vv-00292-UNJ Document 47 Filed 11/13/23 Page 2 of 2
neither she nor any other party has filed a civil case or received compensation for her
SIRVA injury. Petition at 2, 5-6. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On October 10, 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 believes “that [P]etitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table.” Id. at 8. Respondent further believes that
“based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for
compensation under the Act.” 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-00292-1
Date issued/filed: 2024-07-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/20/2024) regarding 57 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00292-UNJ Document 61 Filed 07/24/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0292V
LEAH KING, Chief Special Master Corcoran
Petitioner, Filed: June 20, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Lisa Annette Roquemore, Law Office of Lisa A. Roquemore, Rancho Santa Margarita,
CA, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Leah King filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”).3 Petitioner alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury or, in the alternative caused-in-fact injury,
after receiving an influenza vaccine on September 10, 2020. Amended Petition at 2, 5..
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 10, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On June 20, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $153,249.13,
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).
3 On March 17, 2023, Petitioner filed an amended petition. ECF No. 36.

Case 1:21-vv-00292-UNJ Document 61 Filed 07/24/24 Page 2 of 5
representing $145,000.00 for pain and suffering, $5,202.63 for past unreimbursable
expenses, and $3,046.50 for past lost wages. Proffer at 1-2. In the Proffer, Respondent
represented that Petitioner agrees 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 $153,249.13, representing $145,000.00 for pain and suffering,
$5,202.63 for actual unreimbursable expenses, and $3,046.50 for actual lost wages
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-00292-UNJ Document 61 Filed 07/24/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
LEAH KING, )
)
Petitioner, )
) No. 21-292V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 17, 2023, Leah King (“petitioner”) filed an amended petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Table shoulder injury related to vaccine
administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on
September 10, 2020. Amended Petition at 1. On October 10, 2023, 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 Table SIRVA injury, and on the same day, the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
ECF No. 44-45.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $145,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00292-UNJ Document 61 Filed 07/24/24 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 $5,202.63. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $3,046.50. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 $153,249.13, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Leah King: $153,249.13
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-00292-UNJ Document 61 Filed 07/24/24 Page 5 of 5
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
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
/s James V. Lopez
James V. Lopez
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3655
Fax: (202) 616-4310
Email: james.lopez@usdoj.gov
Date: June 20, 2024
3