VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00524
Package ID: USCOURTS-cofc-1_21-vv-00524
Petitioner: Daphne McCann
Filed: 2021-01-11
Decided: 2023-11-21
Vaccine: influenza
Vaccination date: 2018-10-23
Condition: right shoulder injury
Outcome: compensated
Award amount USD: 68489

AI-assisted case summary:
Daphne McCann filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a right shoulder injury after receiving an influenza vaccine on October 23, 2018. The injury was identified as a Shoulder Injury Related to Vaccine Administration (SIRVA), which is a condition listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, conceded that Ms. McCann was entitled to compensation, agreeing that her injury was consistent with a SIRVA and that she had met all legal prerequisites for compensation. Following the ruling on entitlement, a decision was issued awarding Ms. McCann damages. The respondent proffered an award of $68,489.59, which included $67,500.00 for pain and suffering and $989.59 for past unreimbursable expenses. Ms. McCann agreed with this proffered award. The court accepted the stipulation and awarded Ms. McCann the total sum of $68,489.59 as compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00524-0
Date issued/filed: 2023-11-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/18/2023) regarding 32 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00524-UNJ Document 37 Filed 11/20/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0524V
DAPHNE MCCANN, Chief Special Master Corcoran
Petitioner, Filed: October 18, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 11, 2021, Daphne McCann filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). She filed an amended petition on June 15, 2022. ECF No. 18. Petitioner
alleges that she suffered a right shoulder injury, a defined Table injury, after receiving an
influenza vaccine on October 23, 2018. Id. at 1, ¶¶ 2, 14, 19. Petitioner further alleges
that she received the vaccine within the United States, that she continues to suffer the
residual effect of her injury more than six months post-vaccination, and that neither she
nor any other party has filed a civil action or received compensation for her injury. Id. at
¶¶ 2, 15-17. 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-00524-UNJ Document 37 Filed 11/20/23 Page 2 of 2
On October 18, 2023, Respondent filed a combined Rule 4(c) Report and Proffer
in which he concedes that Petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report and Proffer at 1. Specifically, Respondent believes that
“[P]etitioner’s alleged injury is consistent with a 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-00524-1
Date issued/filed: 2023-11-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/19/2023) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00524-UNJ Document 38 Filed 11/21/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0524V
DAPHNE MCCANN, Chief Special Master Corcoran
Petitioner, Filed: October 19, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Daphne McCann filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). She filed an amended petition on June 15, 2022. ECF No. 18. Petitioner
alleges that she suffered a right shoulder injury, a defined Table injury, after receiving an
influenza vaccine on October 23, 2018. Id. at 1, ¶¶ 2, 14, 19. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On October 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. In this case, Respondent filed a combined Rule 4(c)
Report and Proffer on award of compensation (“Rule 4(c) Report and Proffer”) indicating
Petitioner should be awarded $68,489.59, representing $67,500.00 for pain and suffering
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-00524-UNJ Document 38 Filed 11/21/23 Page 2 of 2
$989.593 for past unreimbursable expenses. Rule 4(c) Report and Proffer at 6-7.
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 Rule
4(c) Report and Proffer.
Pursuant to the terms stated in combined Rule 4(c) Report and Proffer,4 I award
Petitioner a lump sum payment of $68,489.59, representing $67,500.00 for pain and
suffering $989.59 for actual 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.5
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Although there was some initial confusion due to one entry which showed this amount was $989.56,
instead of $989.59, the parties have confirmed that the correct amount is $989.59. See Informal Remark,
dated Oct. 18, 2023.
4 Because the Rule 4(c) Report and Proffer contains detailed medical information, it will not be filed as an
attachment to this Decision.
5 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