VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00821
Package ID: USCOURTS-cofc-1_21-vv-00821
Petitioner: Danielle Awe
Filed: 2021-01-29
Decided: 2024-01-02
Vaccine: influenza
Vaccination date: 2020-10-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 98694

AI-assisted case summary:
Danielle Awe filed a petition for compensation under the National Vaccine Injury Compensation Program on January 29, 2021, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on October 21, 2020. She alleged the injury was residual for more than six months. Respondent filed a Rule 4(c) report conceding that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting no prior shoulder issues, pain within 48 hours of vaccination, pain limited to the vaccinated shoulder, and no other explanation for the pain. Respondent also agreed that the residual effects lasted more than six months, satisfying all legal prerequisites for compensation. A ruling on entitlement was issued on September 15, 2023, finding Petitioner entitled to compensation. Subsequently, on November 20, 2023, Respondent filed a proffer agreeing to an award of $98,694.39, which included $97,500.00 for pain and suffering and $1,194.39 for lost wages. Petitioner agreed with this proffered award. The Chief Special Master issued a Decision Awarding Damages on January 2, 2024, awarding Petitioner the lump sum of $98,694.39.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00821-0
Date issued/filed: 2023-10-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/15/2023) regarding 50 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-00821-UNJ Document 54 Filed 10/20/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0821V
DANIELLE AWE, Chief Special Master Corcoran
Petitioner, Filed: September 15, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 29, 2021, Danielle Awe filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On November 30, 2022, Petitioner filed an amended petition. Petitioner
alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza vaccine received on October 21, 2020. Amended Petition at
1. Petitioner further alleges that the vaccine was received in the United States, she
suffered the residual effects of her injury for more than six months, and no lawsuits have
been filed or settlements or awards accepted by anyone, including Petitioner, due to her
vaccine-related injury. Amended Petition at ¶¶ 2, 27, 28. 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-00821-UNJ Document 54 Filed 10/20/23 Page 2 of 2
On September 14, 2023, 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 agrees that “petitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history
of pain, inflammation, or dysfunction of her right shoulder prior to vaccination; pain
occurred within 48 hours after receipt of an intramuscular vaccination; pain was limited to
the shoulder in which the vaccine was administered; and no other condition or abnormality
has been identified to explain petitioner’s shoulder pain.” Id. at 4. Respondent further
agrees that “based on the medical records outlined [in the Rule 4(c) Report], petitioner
suffered the residual effects of her condition for more than six months. Therefore, based
on the record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id. at 4-5.
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-00821-1
Date issued/filed: 2024-01-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/20/2023) regarding 57 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00821-UNJ Document 61 Filed 01/02/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0821V
DANIELLE AWE, Chief Special Master Corcoran
Petitioner, Filed: November 20, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 29, 2021, Danielle Awe filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On November 30, 2022, Petitioner filed an amended petition. Petitioner
alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza vaccine received on October 21, 2020. Amended Petition at
1. Petitioner further alleges that the vaccine was received in the United States, she
suffered the residual effects of her injury for more than six months, and no lawsuits have
been filed or settlements or awards accepted by anyone, including Petitioner, due to her
vaccine-related injury. Amended Petition at ¶¶ 2, 27, 28. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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-00821-UNJ Document 61 Filed 01/02/24 Page 2 of 5
On September 15, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On November 20, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $98,694.39.
Proffer at 2. In the Proffer, 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 Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $98,694.39 (comprised of $97,500.00 in pain and suffering and
$1,194.39 in lost wages) 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-00821-UNJ Document 61 Filed 01/02/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
DANIELLE AWE, )
)
Petitioner, ) No. 21-821V ECF
)
v. ) Chief Special Master
) Brian H. Corcoran
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 29, 2021, Danielle Awe (“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 administration of an influenza
vaccine she received on October 21, 2020. Petition at 1. On September 14, 2023, 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
September 15, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 49; ECF No. 50.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $97,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00821-UNJ Document 61 Filed 01/02/24 Page 4 of 5
B. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $1,194.39. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $98,694.39, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Danielle Awe: $98,694.39
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-00821-UNJ Document 61 Filed 01/02/24 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Emily H. Manoso
EMILY H. MANOSO
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) 305-3912
Emily.H.Manoso@usdoj.gov
DATED: November 20, 2023
3