VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00452
Package ID: USCOURTS-cofc-1_21-vv-00452
Petitioner: Yvonne Meyer
Filed: 2021-01-11
Decided: 2024-04-16
Vaccine: influenza
Vaccination date: 2020-11-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 51000

AI-assisted case summary:
Yvonne Meyer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of an influenza vaccination received on November 12, 2020. The petition was filed on January 11, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 10, 2023, conceding that Ms. Meyer is entitled to compensation. The respondent concluded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior history of shoulder issues, the pain occurred within 48 hours post-vaccination, was limited to the injection shoulder, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. On October 13, 2023, a ruling on entitlement was issued, finding Ms. Meyer entitled to compensation. Subsequently, on March 14, 2024, the respondent filed a proffer on award of compensation, recommending an award of $51,000.00. This amount was comprised of $50,000.00 for past pain and suffering and $1,000.00 for unreimbursable out-of-pocket expenses. Ms. Meyer agreed with this proffered award. On April 16, 2024, a decision awarding damages was issued, granting Ms. Meyer a lump sum payment of $51,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00452-0
Date issued/filed: 2023-11-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/13/2023) regarding 31 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00452-UNJ Document 33 Filed 11/13/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-452V
YVONNE MEYER, Chief Special Master Corcoran
Petitioner, Filed: October 13, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 11, 2021, Yvonne Meyer 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 Table injury – shoulder injury related
to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination
received on November 12, 2020. Petition at 1. Petitioner further alleges that neither she
nor any other party has received compensation for her injury. Petition at ¶ 5. 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 (2018).

Case 1:21-vv-00452-UNJ Document 33 Filed 11/13/23 Page 2 of 2
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
has concluded that petitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table. Specifically, petitioner 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 petitioner’s
shoulder pain.
Id. at 4 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that “[P]etitioner
suffered the residual effects of her condition for more than six months. Therefore, based
on the record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id. (citations omitted).
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-00452-1
Date issued/filed: 2024-04-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/15/2024) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00452-UNJ Document 42 Filed 04/16/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-452V
YVONNE MEYER, Chief Special Master Corcoran
Petitioner, Filed: March 15, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Yvonne Meyer 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 Table injury – shoulder injury related
to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination
received on November 12, 2020. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 13, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On March 14, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $51,000.00, consisting
of $50,000.00 for past pain and suffering and $1,000.00 for unreimbursable out-of-pocket
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-00452-UNJ Document 42 Filed 04/16/24 Page 2 of 5
expenses. Proffer at 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 $51,000.00 (consisting of $50,000.00 for past pain and suffering
and $1,000.00 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-00452-UNJ Document 42 Filed 04/16/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
YVONNE MEYER, )
)
Petitioner, ) No. 21-452V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 11, 2021, Yvonne Meyer (“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”), alleging that she suffered a Table shoulder injury related to vaccine
administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on
November 12, 2020. Petition at 1. On October 10, 2023, respondent filed his Vaccine Rule 4(c)
Report, concluding that petitioner suffered from SIRVA as defined by the Vaccine Injury Table,
within the Table timeframe. ECF No. 29. On October 13, 2023, Chief Special Master Corcoran
issued a ruling on entitlement, finding that petitioner is entitled to compensation for a SIRVA
Table injury. ECF No. 31.
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-00452-UNJ Document 42 Filed 04/16/24 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $51,000.00, consisting of $50,000.00 for past pain and suffering and $1,000.00
for unreimbursable out-of-pocket expenses. This amount represents all elements of
compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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 $51,000.00 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
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
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

Case 1:21-vv-00452-UNJ Document 42 Filed 04/16/24 Page 5 of 5
s/ Joseph A. Lewis
JOSEPH A. LEWIS
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) 451-7495
E: joseph.a.lewis@usdoj.gov
DATED: March 14, 2024
3