VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00473
Package ID: USCOURTS-cofc-1_21-vv-00473
Petitioner: Regina McGillivray
Filed: 2021-01-11
Decided: 2023-10-06
Vaccine: influenza
Vaccination date: 2020-09-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 102500

AI-assisted case summary:
Regina McGillivray 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 29, 2020. She stated that this was a defined Table Injury and that she received the vaccine within the United States. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA and that she satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, a ruling on entitlement was issued finding Petitioner entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $102,500.00 for pain and suffering, which Petitioner agreed to. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $102,500.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00473-0
Date issued/filed: 2023-09-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/16/2023) regarding 49 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00473-UNJ Document 56 Filed 09/18/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0473V
REGINA MCGILLIVRAY, Chief Special Master Corcoran
Petitioner, Filed: August 16, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 11, 2021, Regina McGillivray 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”), a defined Table Injury, or in the alternative a caused-in-fact
injury, after receiving the influenza (“flu”) vaccine on September 29, 2020. Petition at 1,
¶¶ 1-3. Petitioner further alleges that she received the vaccine within the United States
and that neither she nor any other party has filed a civil action or received compensation
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-00473-UNJ Document 56 Filed 09/18/23 Page 2 of 2
for her injury. Id. at ¶¶ 5-6. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On August 16, 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 6. Respondent further agrees 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-00473-1
Date issued/filed: 2023-10-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/05/2023) regarding 52 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00473-UNJ Document 57 Filed 10/06/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0473V
REGINA MCGILLIVRAY, Chief Special Master Corcoran
Petitioner, Filed: September 5, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Regina McGillivray 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”), a defined Table Injury, or in the alternative a caused-in-fact
injury, after receiving the influenza (“flu”) vaccine on September 29, 2020. Petition at 1,
¶¶ 1-3. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On August 16, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On September 5, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $102,500.00,
representing compensation for her pain and suffering. Proffer at 1. In the Proffer,
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-00473-UNJ Document 57 Filed 10/06/23 Page 2 of 4
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 $102,500.00, representing compensation for her pain and suffering
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-00473-UNJ Document 57 Filed 10/06/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
REGINA MCGILLIVRAY, )
)
Petitioner, )
) No. 21-473V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 11, 2021, Regina McGillivray (“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
September 29, 2020. Petition at 1. On August 16, 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 SIRVA, and the same day, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 48; ECF
No. 49.
Items of Compensation
Respondent proffers that petitioner should be awarded $102,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:21-vv-00473-UNJ Document 57 Filed 10/06/23 Page 4 of 4
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 $102,500.00, in the form of
a check payable to petitioner.
Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Regina McGillivray: $102,500.00
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Steven C. Santayana _____
STEVEN C. SANTAYANA
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) 451-7675
steven.c.santayana@usdoj.gov
Dated: September 5, 2023
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