VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00468
Package ID: USCOURTS-cofc-1_21-vv-00468
Petitioner: Michelle Franceschi
Filed: 2021-01-11
Decided: 2023-04-27
Vaccine: influenza
Vaccination date: 2020-09-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 46500

AI-assisted case summary:
Michelle Franceschi filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 14, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 21, 2023, conceding that Ms. Franceschi was entitled to compensation. The respondent stated that Ms. Franceschi satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, and had met all statutory and jurisdictional requirements. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found Ms. Franceschi entitled to compensation. Subsequently, on March 27, 2023, the respondent filed a proffer on the award of compensation, proposing an award of $46,500.00. Ms. Franceschi agreed with this proffered award. On April 27, 2023, Chief Special Master Corcoran issued a decision awarding Ms. Franceschi a lump sum payment of $46,500.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act. The decision was made based on the stipulation and proffer filed by the parties. Petitioner was represented by Andrew Donald Downing of Downing, Allison & Jorgenson, and Respondent was represented by Martin Conway Galvin of the U.S. Department of Justice.

Theory of causation field:
Petitioner Michelle Franceschi alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on September 14, 2020. The Respondent conceded entitlement, agreeing that Petitioner met the criteria for SIRVA as set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Chief Special Master Brian H. Corcoran ruled on entitlement on March 27, 2023, and issued a decision awarding damages on April 27, 2023, based on a proffer agreed to by Petitioner. The award was a lump sum of $46,500.00, representing compensation for all damages under Section 15(a) of the Vaccine Act. Petitioner was represented by Andrew Donald Downing, and Respondent by Martin Conway Galvin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00468-0
Date issued/filed: 2023-04-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/27/2023) regarding 46 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00468-UNJ Document 52 Filed 04/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0468V
UNPUBLISHED
MICHELLE FRANCESCHI, Chief Special Master Corcoran
Petitioner, Filed: March 27, 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)
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 11, 2021, Michelle Franceschi 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 September 14, 2020. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 21, 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 states that “petitioner 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-00468-UNJ Document 52 Filed 04/27/23 Page 2 of 2
4. Respondent further agrees that Petitioner has satisfied all statutory and jurisdictional
requirements. 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-00468-1
Date issued/filed: 2023-04-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/27/2023) regarding 47 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00468-UNJ Document 54 Filed 04/28/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0468V
UNPUBLISHED
MICHELLE FRANCESCHI, Chief Special Master Corcoran
Petitioner, Filed: March 27, 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)
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Michelle Franceschi 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 September 14, 2020. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 27, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On March 21, 2023, Respondent filed a combined Rule
4/proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$46,500.00. Rule 4/Proffer at 5. In the Rule 4/Proffer, Respondent represented that
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-00468-UNJ Document 54 Filed 04/28/23 Page 2 of 2
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 $46,500.00 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