VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00679
Package ID: USCOURTS-cofc-1_21-vv-00679
Petitioner: Alexis Wnuk
Filed: 2021-01-12
Decided: 2023-02-21
Vaccine: influenza
Vaccination date: 2018-01-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45045

AI-assisted case summary:
Alexis Wnuk filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her January 19, 2018 influenza vaccination. The respondent conceded that Ms. Wnuk is entitled to compensation, agreeing that her injury met the criteria for a Table injury for SIRVA. Specifically, she had no prior shoulder issues, her injury manifested within 48 hours of the flu vaccine, the pain and reduced range of motion were limited to her left shoulder, and no other condition explained her symptoms. The six-month sequela requirement was also met. A ruling on entitlement was issued on December 13, 2022, finding her entitled to compensation. Subsequently, on January 19, 2023, the parties submitted a proffer agreeing to an award of $45,045.00, comprising $45,000.00 for pain and suffering and $45.00 for past unreimbursable expenses. The Chief Special Master issued a decision awarding this amount on February 21, 2023.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00679-0
Date issued/filed: 2023-01-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/13/2022) regarding 41 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00679-UNJ Document 44 Filed 01/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-679V
UNPUBLISHED
ALEXIS WNUK, Chief Special Master Corcoran
Petitioner, Filed: December 13, 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)
Renee J. Gentry, Vaccine Injury Clinic, George Washington Univ. School of Law,
Washington, DC, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 12, 2021, Alexis Wnuk 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 as a result of her
January 19, 2018 influneza (“flu”) vaccination. See Petition at Preamble, ¶ 9. Petitioner
further alleges the vaccine was administered within the United States, that she suffered
the residual effects of her injury for more than six months, and that there has been no
prior award or settlement of a civil action on her behalf as a result of her injury. Petition
at ¶¶ 3, 10-11. 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-00679-UNJ Document 44 Filed 01/17/23 Page 2 of 2
On December 9, 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 indicates that it is his
position that petitioner has satisfied the criteria set forth in the Vaccine Injury
Table (“Table”) and the Qualifications and Aids to Interpretation for a
flu/SIRVA Table injury. See 42 C.F.R. § 100.3(a)(XIV)(B); 42 C.F.R.
§100.3(10)(i-iv). Specifically, petitioner had no history of pain or dysfunction
in her left shoulder prior to the flu vaccine; petitioner’s left shoulder injury
manifested within forty-eight hours after receipt of her flu vaccine; the pain
and reduced range of motion were limited to her left shoulder; and no other
condition or abnormality would explain petitioner’s symptoms.
Id. at 5. Respondent further agrees that “the statutory six month sequela requirement has
been satisfied” and that Petitioner has met “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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_21-vv-00679-1
Date issued/filed: 2023-02-21
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/19/2023) regarding 46 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00679-UNJ Document 50 Filed 02/21/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0679V
UNPUBLISHED
ALEXIS WNUK, Chief Special Master Corcoran
Petitioner, Filed: January 19, 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)
Renee J. Gentry, Vaccine Injury Clinic, George Washington Univ. School of Law,
Washington, DC, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 12, 2021, Alexis Wnuk 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 as a result of her
January 19, 2018 influneza (“flu”) vaccination. See Petition at Preamble, ¶ 9. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On December 13, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On January 19, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $45,045.00,
representing compensation in the amounts of $45,000.00 for her pain and suffering and
$45.00 for her past unreimbursable expenses. Proffer at 1-2. In the Proffer, Respondent
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-00679-UNJ Document 50 Filed 02/21/23 Page 2 of 5
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 $45,045.00, representing compensation in the amounts of
$45,000.00 for her pain and suffering and $45.00 for her 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.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-00679-UNJ Document 50 Filed 02/21/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ALEXIS WNUK, )
)
Petitioner, )
) No. 21-679V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 12, 2021, Alexis Wnuk (“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”), as amended. The petition alleges that as a result of receiving an influenza (“flu”)
vaccination on January 19, 2018, petitioner suffered from a left shoulder injury related to vaccine
administration (“SIRVA”). See Petition at Preamble. On December 9, 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. ECF No. 38. On December 13, 2022,
Chief Special Master Corcoran issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 41.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $45,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00679-UNJ Document 50 Filed 02/21/23 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 $45.00. 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 as described below and requests that Chief Special Master Corcoran’s
decision and the Court’s judgment award the following1: a lump sum payment of $45,045.00, in
the form of a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Alexis Wnuk: $45,045.00
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. In particular, respondent would oppose any award for future,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:21-vv-00679-UNJ Document 50 Filed 02/21/23 Page 5 of 5
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Meghan R. Murphy
MEGHAN R. MURPHY
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) 616-4264
meghan.r.murphy@usdoj.gov
DATED: January 19, 2022
3