VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00939
Package ID: USCOURTS-cofc-1_21-vv-00939
Petitioner: Es Mae Rose
Filed: 2021-02-17
Decided: 2024-03-19
Vaccine: influenza
Vaccination date: 2018-09-27
Condition: right-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 82500

AI-assisted case summary:
Es Mae Rose filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she developed a right-sided shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination she received on September 27, 2018. She further alleged that her injury persisted for more than six months. The respondent conceded that Ms. Rose is entitled to compensation, agreeing that her injury met the criteria set forth in the Vaccine Injury Table for SIRVA. The respondent also confirmed that Ms. Rose timely filed her case, received the vaccine in the United States, and satisfied the statutory severity requirement. Based on the respondent's concession and the evidence, the court found Ms. Rose entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $82,500.00 for pain and suffering, which Ms. Rose agreed to. The court awarded Ms. Rose a lump sum payment of $82,500.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00939-0
Date issued/filed: 2023-07-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/12/2023) regarding 37 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00939-UNJ Document 39 Filed 07/14/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0939V
UNPUBLISHED
ES MAE ROSE, Chief Special Master Corcoran
Petitioner, Filed: June 12, 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)
Eric J. Neiman, Lewis Brisbois Bisgaard & Smith, LLP, Portland, OR, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 17, 2021, Es Mae Rose 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 she developed a right-sided shoulder injury related to
vaccine administration (“SIRVA”) from the influenza (“flu”) vaccination she received on
September 27, 2018. Petition at 1. Petitioner further alleges that her injury persisted for
more than six months. Petition at 4. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On June 8, 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 has satisfied the criteria set forth in the
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-00939-UNJ Document 39 Filed 07/14/23 Page 2 of 2
Table and the Qualifications and Aids to Interpretation for SIRVA.” Id. at 6. Respondent
further agrees that “petitioner 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-00939-1
Date issued/filed: 2024-03-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/16/2024) regarding 47 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00939-UNJ Document 52 Filed 03/19/24 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0939V
ES MAE ROSE,
Chief Special Master Corcoran
Petitioner,
v.
Filed: February 16, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Eric J. Neiman, Epstein Becker & Green, P.C., Portland, OR, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 17, 2021, Es Mae Rose 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 she developed a right-sided shoulder injury related to
vaccine administration (“SIRVA”) from the influenza (“flu”) vaccination she received on
September 27, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On June 12, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation. On February 16, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $82,500.00, in
pain and suffering. 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-00939-UNJ Document 52 Filed 03/19/24 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $82,500.00, (for pain and suffering) 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-00939-UNJ Document 52 Filed 03/19/24 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ES MAE ROSE,
Petitioner,
v. No. 21-939V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 17, 2021, petitioner, Es Mae Rose, 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 September 27, 2018. Petition at 1. On June 8, 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 June
12, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 36; ECF No. 37.
I. Item of Compensation
Respondent proffers that petitioner should be awarded $82,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:21-vv-00939-UNJ Document 52 Filed 03/19/24 Page 4 of 4
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 $82,500.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Es Mae Rose: $82,500.00
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
/s/ NINA Y. REN
NINA Y. REN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington D.C. 20044-0146
(202) 451-7499
DATED: February 16, 2024 Nina.Ren@usdoj.gov
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