VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00438
Package ID: USCOURTS-cofc-1_21-vv-00438
Petitioner: Joelle Held
Filed: 2021-01-11
Decided: 2023-07-03
Vaccine: influenza
Vaccination date: 2020-10-19
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 115737

AI-assisted case summary:
Joelle Held filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 19, 2020. The respondent, the Secretary of Health and Human Services, filed a report on May 24, 2023, conceding that Ms. Held is entitled to compensation. The respondent agreed that Ms. Held satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA, and also met all statutory and jurisdictional requirements. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 25, 2023, finding Ms. Held entitled to compensation. Subsequently, on July 3, 2023, Chief Special Master Corcoran issued a decision awarding damages. The respondent's May 24, 2023 report also included a proffer on the award of compensation, indicating an award of $115,737.32, which Ms. Held accepted. The decision stated that Ms. Held is entitled to a lump sum payment of $115,737.32, payable by check to Petitioner, representing compensation for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The attorneys involved were Robert Joel Krakow for the Petitioner and Felicia Langel for the Respondent.

Theory of causation field:
Petitioner Joelle Held alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 19, 2020. The respondent conceded entitlement, agreeing that Petitioner satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The theory of causation is based on the Vaccine Injury Table. The respondent filed a Rule 4(c) report and proffer on May 24, 2023, conceding entitlement and proffering an award of $115,737.32, which Petitioner accepted. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 25, 2023, and a decision awarding damages on July 3, 2023. The award was a lump sum of $115,737.32. Petitioner's counsel was Robert Joel Krakow, and Respondent's counsel was Felicia Langel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00438-0
Date issued/filed: 2023-06-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/25/2023) regarding 67 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00438-UNJ Document 75 Filed 06/26/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0438V
UNPUBLISHED
JOELLE HELD, Chief Special Master Corcoran
Petitioner, Filed: May 25, 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)
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 11, 2021, Joelle Held 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 (“flu”) vaccine that was administered
on October 19, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On May 24, 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 agrees that “[P]etitioner has satisfied the criteria set forth in the
[Vaccine Injury] Table and the Qualifications and Aids to Interpretation for SIRVA.” Id. at
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-00438-UNJ Document 75 Filed 06/26/23 Page 2 of 2
4. Respondent further agrees that Petitioner has satisfied all statutory and jurisdictional
requirements. 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-00438-1
Date issued/filed: 2023-07-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/25/2023) regarding 68 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00438-UNJ Document 76 Filed 07/03/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0438V
UNPUBLISHED
JOELLE HELD, Chief Special Master Corcoran
Petitioner, Filed: May 25, 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)
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Joelle Held 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 (“flu”) vaccine that was administered
on October 19, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On May 25, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On May 24, 2023, Respondent filed a combined Rule 4(c)
report and proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should
be awarded $115,737.32. Rule 4/Proffer at 5. In the Rule 4/Proffer, Respondent
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-00438-UNJ Document 76 Filed 07/03/23 Page 2 of 2
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 Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum
payment of $115,737.32 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