VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00661
Package ID: USCOURTS-cofc-1_21-vv-00661
Petitioner: Susan Fenar
Filed: 2021-01-12
Decided: 2022-12-05
Vaccine: influenza
Vaccination date: 2018-10-11
Condition: right shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55308

AI-assisted case summary:
Susan Fenar filed a petition for compensation on January 12, 2021, alleging she suffered right shoulder injuries related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 11, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Fenar was entitled to compensation. The respondent determined that Ms. Fenar satisfied the criteria for SIRVA on the Vaccine Injury Table and the Qualifications and Aids to Interpretation, and that she met the statutory severity requirement of suffering symptoms for more than six months after vaccination. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on August 5, 2022, finding Ms. Fenar entitled to compensation. Subsequently, on September 30, 2022, the parties filed a stipulation and proffer regarding the award of damages. The public decision, issued by Chief Special Master Brian H. Corcoran on December 5, 2022, awarded Ms. Fenar a lump sum payment of $55,308.00. This award included $55,000.00 for pain and suffering and $308.00 for past unreimbursable expenses. Petitioner counsel was Leigh Finfer of Muller Brazil, LLP, and respondent counsel was Martin Conway Galvin of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Ms. Fenar, nor does it name any medical experts.

Theory of causation field:
Susan Fenar filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 11, 2018. The respondent conceded entitlement, agreeing that the injury met the criteria for SIRVA on the Vaccine Injury Table and satisfied the statutory severity requirement of symptoms lasting more than six months. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. A ruling on entitlement was issued on August 5, 2022, by Chief Special Master Brian H. Corcoran. A subsequent decision on December 5, 2022, by Chief Special Master Brian H. Corcoran, awarded $55,308.00, comprising $55,000.00 for pain and suffering and $308.00 for past unreimbursable expenses, based on a stipulation between petitioner Susan Fenar (represented by Leigh Finfer of Muller Brazil, LLP) and respondent (represented by Martin Conway Galvin of the U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00661-0
Date issued/filed: 2022-09-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/05/2022) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00661-UNJ Document 23 Filed 09/12/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-661V
UNPUBLISHED
SUSAN FENAR, Chief Special Master Corcoran
Petitioner, Filed: August 5, 2022
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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 12, 2021, Susan Fenar 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 right shoulder injuries related to
vaccine administration (SIRVA) resulting from the influenza (flu) vaccination she received
on October 11, 2018. Petition at 1. Petitioner further alleges that the vaccination was
administered within the United States, her symptoms lasted for more than six months,
and neither she, nor any other party, has every filed any action or received compensation
in the form of an award or settlement for her vaccine-related injury. Petition at 1, 3. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
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-00661-UNJ Document 23 Filed 09/12/22 Page 2 of 2
On August 4, 2022, 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 determined that “[P]etitioner has satisfied the criteria set forth
in the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation
(‘QAI’) for SIRVA.” Id. at 5-6. Respondent further agrees that “the records show that
[P]etitioner timely filed her case, that she received the flu vaccine in the United States,
and that she satisfies the statutory severity requirement by suffering the residual effects
or complications of her injury for more than six months after vaccine administration.” 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-00661-1
Date issued/filed: 2022-12-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/11/2022) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00661-UNJ Document 31 Filed 12/05/22 Page 1 of 5
Corrected
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-661V
UNPUBLISHED
SUSAN FENAR, Chief Special Master Corcoran
Petitioner, Filed: October 11, 2022
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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 12, 2021, Susan Fenar 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 right shoulder injuries related to
vaccine administration (SIRVA) resulting from the influenza (flu) vaccination she received
on October 11, 2018. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 5, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On September 30, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $55,308.00 (including
$55,000.00 in pain and suffering, and $308.00 for past unreimbursable expenses). Proffer
at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-00661-UNJ Document 31 Filed 12/05/22 Page 2 of 5
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 $55,308.00 (including $55,000.00 in pain and suffering, and $308.00
for past 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.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-00661-UNJ Document 31 Filed 12/05/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SUSAN FENAR, )
)
Petitioner, )
) No. 21-661
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 12, 2021, Susan Fenar (“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 shoulder injury related to vaccine administration
(“SIRVA”), as defined in the Vaccine Injury Table, following the administration of an influenza
vaccine on October 11, 2018. Petition at 1-5. On August 4, 2022, 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 a SIRVA Table injury, and on August 5, 2022,
the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 21; ECF No. 22.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $55,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00661-UNJ Document 31 Filed 12/05/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $308.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. 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 and requests that the Chief Special Master’s decision and the Court’s
judgment award the following1: a lump sum payment of $55,308.00, representing economic and
noneconomic damages, in the form of a check payable to petitioner, Susan Fenar.
III. Summary of Recommended Payment Following Judgment
Lump sum award payable to petitioner, Susan Fenar: $55,308.00.
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
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief.
2

Case 1:21-vv-00661-UNJ Document 31 Filed 12/05/22 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Martin C. Galvin
MARTIN C. GALVIN
Trial Attorney, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-3071
Martin.Galvin@usdoj.gov
Dated: September 30, 2022
3