VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00477
Package ID: USCOURTS-cofc-1_21-vv-00477
Petitioner: Brooke Langford
Filed: 2021-01-11
Decided: 2023-02-27
Vaccine: influenza
Vaccination date: 2019-10-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Brooke Langford 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 receiving an influenza vaccine on October 3, 2019. She further alleged that her injuries lasted more than six months. The respondent, the Secretary of Health and Human Services, reviewed the facts and conceded that Petitioner's claim met the Table criteria for SIRVA. The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and Petitioner satisfied the statutory severity requirement. The respondent further conceded that entitlement to compensation was appropriate. Based on the respondent's concession and the evidence of record, the Chief Special Master found Petitioner entitled to compensation. Subsequently, the respondent filed a proffer on the award of compensation, indicating that Petitioner should be awarded $55,000.00 for her pain and suffering, which Petitioner agreed to. The court awarded Brooke Langford a lump sum payment of $55,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00477-0
Date issued/filed: 2023-02-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/24/2023) regarding 42 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00477-UNJ Document 47 Filed 02/24/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0477V
UNPUBLISHED
BROOKE LANGFORD, Chief Special Master Corcoran
Petitioner, Filed: January 24, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 11, 2021, Brooke Langford 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 from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine to
her left deltoid on October 3, 2019. Petition at 1. Petitioner further alleges that her injuries
lasted more than six months. Petition at 2. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On January 24, 2023, Respondent filed a combined Rule 4(c) report and Proffer
(“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to compensation in this
case. Rule 4/Proffer at 1. Specifically, Respondent states that the “Department of Health
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-00477-UNJ Document 47 Filed 02/24/23 Page 2 of 2
and Human Services (DICP), have reviewed the facts of this case and concluded that
petitioner’s claim meets the Table criteria for SIRVA.” Id. at 4. Respondent further agrees
that “[w]ith respect to other statutory and jurisdictional issues, the records show that the
case was timely filed, that the vaccine was received in the United States, and that
petitioner satisfied the statutory severity requirement by suffering the residual effects or
complications of her injury for more than six months after vaccine administration.” Id.
Respondent also states that Petitioner “averred that she has not ‘received any
compensation in the form of award or settlement for Petitioner’s vaccine-related injuries’”
and that Respondent “concedes that entitlement to compensation is appropriate under
the terms of the Vaccine Act.” 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-00477-1
Date issued/filed: 2023-02-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/24/2023) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00477-UNJ Document 48 Filed 02/27/23 Page 1 of 2
Corrected
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0477V
UNPUBLISHED
BROOKE LANGFORD, Chief Special Master Corcoran
Petitioner, Filed: January 24, 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Brooke Langford 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 from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine to
her left deltoid on October 3, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On January 24, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On January 23, 2023, Respondent filed a combined Rule
4(c) Report and proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner
should be awarded $55,000.00 for her pain and suffering. Rule 4/Proffer at 5. In the Rule
4/Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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-00477-UNJ Document 48 Filed 02/27/23 Page 2 of 2
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 $55,000.00 (for 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