VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00386
Package ID: USCOURTS-cofc-1_21-vv-00386
Petitioner: Karen Brown
Filed: 2021-01-08
Decided: 2023-08-14
Vaccine: influenza
Vaccination date: 2020-11-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 62554

AI-assisted case summary:
Karen Brown 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 November 11, 2020. She further alleged that her injury persisted for longer than six months. The respondent conceded that Ms. Brown is entitled to compensation, agreeing that her case met the criteria for a SIRVA Table injury. The respondent noted that Ms. Brown had no prior history of shoulder pain or dysfunction, her injury manifested within forty-eight hours of the flu vaccine, and the pain and reduced range of motion were limited to her right shoulder. The respondent also agreed that the six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence of record, the court found Ms. Brown entitled to compensation. Subsequently, the parties stipulated to an award of damages. The court awarded Karen Brown a total of $62,554.08, comprised of $60,000.00 for pain and suffering and $2,554.08 for past unreimbursable expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00386-0
Date issued/filed: 2023-07-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/26/2023 ) regarding 39 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00386-UNJ Document 42 Filed 07/10/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0386V
UNPUBLISHED
KAREN BROWN, Chief Special Master Corcoran
Petitioner, Filed: May 26, 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)
Rhonda Lorenz-Pignato, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 8, 2021, Karen Brown 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
November 11, 2020. Amended Petition at ¶27. Petitioner further alleges that her injury
persisted for longer than six months. Id. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
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 (2012).

Case 1:21-vv-00386-UNJ Document 42 Filed 07/10/23 Page 2 of 2
On May 22, 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 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 a flu/SIRVA Table injury. Specifically, Petitioner had no history
of pain or dysfunction in her right shoulder prior to the flu vaccine; Petitioner’s right
shoulder injury manifested within forty-eight hours after receipt of her flu vaccine; the pain
and reduced range of motion were limited to her right shoulder; and no other condition or
abnormality would explain Petitioner’s symptoms.” Id. at 4-5. Respondent further agrees
that “given the medical records . . . the six-month sequela requirement has been
satisfied.” Id. at 5.
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-00386-1
Date issued/filed: 2023-08-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/13/2023) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00386-UNJ Document 48 Filed 08/14/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-386V
KAREN BROWN, Chief Special Master Corcoran
Petitioner, Filed: July 13, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Rhonda Lorenz-Pignato, Shannon Law Group, PC, Woodridge, IL, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 8, 2021, Karen Brown 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”) caused by an influenza (“flu”) vaccine administered on
November 11, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On May 26, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On July 11, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $62,554.08 (comprised
of $60,000.00 in pain and suffering and $2,554.08 for past unreimbursable expenses.
Proffer at 1-2. 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-00386-UNJ Document 48 Filed 08/14/23 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 $62,554.08 (comprised of $60,000.00 for pain and suffering and
$2,554.08 for unreimbursable 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-00386-UNJ Document 48 Filed 08/14/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KAREN BROWN, )
)
Petitioner, )
) No. 21-386V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 8, 2021, Karen Brown (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), as amended. The petition alleges that as a result of receiving an influenza (“flu”)
vaccination on November 11, 2020, petitioner suffered from a right shoulder injury related to
vaccine administration (“SIRVA”). See Petition at Preamble, 1. On May 22, 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. ECF No. 38. On May 26, 2023, Chief
Special Master Corcoran issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 39.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees to accept this amount.

Case 1:21-vv-00386-UNJ Document 48 Filed 08/14/23 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 $2,554.08. See 42 U.S.C. § 300aa-
15(a)(1)(B). 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 Chief Special Master Corcoran’s
decision and the Court’s judgment award the following1: a lump sum payment of $62,554.08, in
the form of a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Karen Brown: $62,554.08
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
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:21-vv-00386-UNJ Document 48 Filed 08/14/23 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Meghan R. Murphy
MEGHAN R. MURPHY
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) 616-4264
meghan.r.murphy@usdoj.gov
DATED: July 11, 2023
3