VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00871
Package ID: USCOURTS-cofc-1_21-vv-00871
Petitioner: Michelle Mason
Filed: 2021-02-04
Decided: 2024-02-05
Vaccine: influenza
Vaccination date: 2020-10-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75242

AI-assisted case summary:
Michelle Mason filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 7, 2020. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, her pain occurred within 48 hours of the vaccination, was limited to the injection site shoulder, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence, entitlement to compensation was granted on August 7, 2023. Subsequently, on January 2, 2024, the respondent filed a proffer proposing an award of $75,000.00 for pain and suffering and $242.01 to satisfy a Medicaid lien, which the petitioner agreed to. The Chief Special Master awarded these amounts, totaling $75,242.01, on February 5, 2024.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00871-0
Date issued/filed: 2023-09-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/07/2023) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00871-UNJ Document 29 Filed 09/08/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0871V
MCIHELLE MASON, Chief Special Master Corcoran
Petitioner, Filed: August 7, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 4, 2021, Michelle Mason 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 related to vaccine
administration (“SIRVA”) as a result of an influenza vaccination she received on October
7, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On August 2, 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 states that “Petitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table. Specifically, Petitioner had no history of
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-00871-UNJ Document 29 Filed 09/08/23 Page 2 of 2
pain, inflammation, or dysfunction of her right shoulder prior to vaccination that would
adequately explain her post-vaccination symptoms; 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 6. Respondent further agrees that “Petitioner
suffered the residual effects of her condition for more than six months.” 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-00871-1
Date issued/filed: 2024-02-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/03/2024) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00871-UNJ Document 39 Filed 02/05/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0871V
MICHELLE MASON, Chief Special Master Corcoran
Petitioner, Filed: January 3, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 4, 2021, Michelle Mason 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 related to vaccine
administration (“SIRVA”) following an influenza vaccination she received on October 7,
2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On August 7, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On January 2, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $75,000.00 in pain
and suffering plus $242.01 to satisfy a Medicaid lien. Proffer at 1-2. 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.
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-00871-UNJ Document 39 Filed 02/05/24 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner the
following:
• A lump sum payment of $75,000.00 for pain and suffering in the form of a
check payable to Petitioner; and
• A lump sum payment of $242.01, representing compensation for
satisfaction of the State of Florida Medicaid lien, in the form of a check
payable jointly to Petitioner and Humana Subrogation & Other Third-Party
Liability 004/48120, Event No. 8839310-8846841, P.O. Box 2257, Louisville,
KY 40201.
These amounts represent 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-00871-UNJ Document 39 Filed 02/05/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHELLE MASON, )
)
Petitioner, )
) No. 21-871V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
On August 2, 2023, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986,
as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to vaccine
administration (“SIRVA”), as defined in the Vaccine Injury Table. ECF No. 25. Accordingly,
on August 7, 2023, the Chief Special Master issued a Ruling on Entitlement. ECF No. 27.
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $75,000.00 for pain and suffering, in the form of a check payable to petitioner.
Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Florida Medicaid lien, as administered by Humana, in the amount of $242.01, which represents
full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State

Case 1:21-vv-00871-UNJ Document 39 Filed 02/05/24 Page 4 of 5
of Florida, as administered by Humana, may have against any individual as a result of any
Medicaid payments the State of Florida has made to or on behalf of petitioner from the date of
her eligibility for benefits through the date of judgment in this case as a result of her alleged
vaccine-related injury suffered on or about October 7, 2020 under Title XIX of the Social
Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
two lump sum payments described below, and request that the Chief Special Master’s decision
and the Court’s judgment award the following: 1
A. A lump sum payment of $75,000.00 in the form of a check payable to petitioner; and
B. A lump sum payment of $242.01, representing compensation for satisfaction of the
State of Florida Medicaid lien, in the form of a check payable jointly to petitioner
and:
Humana Subrogation & Other Third-Party Liability 004/48120
Event No. 8839310-8846841
P.O. Box 2257
Louisville, KY 40201
Petitioner agrees to endorse the check to Humana for satisfaction of the Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:21-vv-00871-UNJ Document 39 Filed 02/05/24 Page 5 of 5
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Lauren Kells
LAUREN KELLS
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) 616-4187
Email: lauren.kells@usdoj.gov
DATED: January 2, 2024
3