VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00908
Package ID: USCOURTS-cofc-1_21-vv-00908
Petitioner: Patricia Merrill
Filed: 2021-02-10
Decided: 2023-07-11
Vaccine: influenza
Vaccination date: 2020-12-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Patricia Merrill filed a petition for compensation on February 10, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 2, 2020. The respondent conceded that Ms. Merrill is entitled to compensation, finding that her condition met the criteria for SIRVA on the Vaccine Injury Table. Specifically, she had no prior shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the vaccinated shoulder, and no other cause was identified. The injury resulted in residual effects for more than six months. A ruling on entitlement was issued on April 21, 2023. On May 24, 2023, the respondent proffered an award of $45,000.00 in pain and suffering damages, which Ms. Merrill, a competent adult, agreed to. The decision awarding damages was issued on July 11, 2023, granting the lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00908-0
Date issued/filed: 2023-05-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/21/2023) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00908-UNJ Document 34 Filed 05/22/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-908V
UNPUBLISHED
PATRICIA MERRILL, Chief Special Master Corcoran
Petitioner, Filed: April 21, 2023
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.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 10, 2021, Patricia Merrill 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 (“flu”) vaccine she received on
December 2, 2020. Petition at 1. Petitioner further alleges the vaccine was administered
within the United States and that there has been no prior award or settlement of a civil
action on her behalf as a result of her injury. See Petition at ¶¶ 1, 6-7. 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-00908-UNJ Document 34 Filed 05/22/23 Page 2 of 2
On April 17, 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 indicates that
[m]edical personnel at DICP have reviewed the petition and medical records
filed in the case and concluded that petitioner has satisfied the criteria set
forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation (“QAI”) for SIRVA. Specifically, petitioner had no history of
pain, inflammation, or dysfunction in her left shoulder; her pain and reduced
range of motion occurred within forty-eight hours of receipt of an
intramuscular vaccination; her symptoms were limited to the shoulder in
which the vaccine was administered; and no other condition or abnormality
was identified to explain her initial symptoms.
Id. at 5 (citing 42 C.F.R. § 100.3(a), (c)(10)). Respondent further agrees that Petitioner
suffered the residual effects of her condition for more than six months and no alternate
causes for her injury were identified. Id. (citing §§ 11(c)(1)(B)(i)(I), (c)(1(E); § 16(a)(2)).
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-00908-1
Date issued/filed: 2023-07-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/26/2023) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00908-UNJ Document 40 Filed 07/11/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-908V
UNPUBLISHED
PATRICIA MERRILL, Chief Special Master Corcoran
Petitioner, Filed: May 26, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 10, 2021, Patricia Merrill 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 (“flu”) vaccine she received on
December 2, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On April 21, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On May 24, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00 in pain and
suffering damages. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner
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-00908-UNJ Document 40 Filed 07/11/23 Page 2 of 5
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 $45,000.00 (representing pain and suffering damages) 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-00908-UNJ Document 40 Filed 07/11/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PATRICIA MERRILL,
Petitioner, No. 21-908V (ECF)
Chief Special Master Corcoran
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 10, 2021, Patricia Merrill (“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. Petitioner alleges that she suffered a left shoulder injury
related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine
administered on December 20, 2020. Petition at 1. On April 17, 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 April
21, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 29; ECF No. 31.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $45,000.00 in pain and suffering
damages, representing all elements of compensation to which petitioner is entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:21-vv-00908-UNJ Document 40 Filed 07/11/23 Page 4 of 5
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 $45,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Patricia Merrill: $45,000.00
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
LARA A. ENGLUND
Assistant 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 lost earnings
and future pain and suffering.
2

Case 1:21-vv-00908-UNJ Document 40 Filed 07/11/23 Page 5 of 5
s/Sarah B. Rifkin
SARAH B. RIFKIN
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) 305-5997
Sarah.Rifkin@usdoj.gov
Dated: May 24, 2023
3