VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00570
Package ID: USCOURTS-cofc-1_21-vv-00570
Petitioner: Hailey Miller
Filed: 2021-01-11
Decided: 2023-07-18
Vaccine: influenza
Vaccination date: 2019-09-23
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52130

AI-assisted case summary:
Hailey Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 23, 2019. She claimed this was a defined Table injury or, in the alternative, a caused-in-fact injury. The petition was filed on January 11, 2021. Respondent filed a combined Rule 4(c) Report and Proffer on June 14, 2023, conceding that Petitioner's claim met the Table criteria for SIRVA and was entitled to compensation. Based on Respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement. Subsequently, on July 18, 2023, a decision awarding damages was issued. Respondent's Rule 4(c) Report and Proffer indicated an award of $52,130.00, comprising $52,000.00 for past pain and suffering and $130.00 for past unreimbursable expenses. Petitioner agreed with this proffered award. The court awarded Hailey Miller a lump sum payment of $52,130.00 for all damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00570-0
Date issued/filed: 2023-07-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/14/2023) regarding 31 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00570-UNJ Document 36 Filed 07/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0570V
HAILEY MILLER, Chief Special Master Corcoran
Petitioner, Filed: June 14, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 11, 2021 Hailey Miller (“Petitioner”) 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 right shoulder injury related to
vaccine administration (“SIRVA”), a defined Table injury or, in the alternative caused-in-
fact injury, after receiving an influenza (“flu”) vaccine on September 23, 2019. Petition at
1, ¶¶ 2, 18-19. Petitioner further alleges that she received the flu vaccine in the United
States, that she suffered the residual effects of her SIRVA for more than six months, and
that neither she nor any other party has filed a civil case or received compensation for
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-00570-UNJ Document 36 Filed 07/17/23 Page 2 of 2
her SIRVA injury. Id. at ¶¶ 2, 18, 21-22. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On June 14, 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
claim meets the Table criteria for a SIRVA.” Id. at 4.
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-00570-1
Date issued/filed: 2023-07-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/14/2023) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00570-UNJ Document 37 Filed 07/18/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0570V
HAILEY MILLER, Chief Special Master Corcoran
Petitioner, Filed: June 14, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021 Hailey Miller (“Petitioner”) 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 right shoulder injury related to
vaccine administration (“SIRVA”), a defined Table injury or, in the alternative caused-in-
fact injury, after receiving an influenza (“flu”) vaccine on September 23, 2019. Petition at
1, ¶¶ 2, 18-19. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 14, 2023, I issued a ruling on entitlement, 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 $52,130.00, representing compensation in the amounts of
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-00570-UNJ Document 37 Filed 07/18/23 Page 2 of 2
$52,000.00 for past pain and suffering and $130.00 for past unreimbursable expenses.
Rule 4(c) Report and Proffer at 5. 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,3 I award
Petitioner a lump sum payment of $52,130.00, representing compensation in the
amounts of $52,000.00 for actual pain and suffering and $130.00 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Because the Rule 4(c) Report and Proffer contains detailed medical information, it will not be filed as an
attachment to this Decision.
4 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