VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00148
Package ID: USCOURTS-cofc-1_22-vv-00148
Petitioner: Mary Walsh
Filed: 2022-02-14
Decided: 2024-06-17
Vaccine: influenza
Vaccination date: 2020-11-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 160442

AI-assisted case summary:
Mary Walsh filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on November 13, 2020. The petition was filed on February 14, 2022. Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, she experienced reduced range of motion, and the pain was limited to the injection site. Respondent also agreed that her condition persisted for more than six months. Based on Respondent's concession and the evidence, a ruling on entitlement was issued on August 10, 2023, finding Petitioner entitled to compensation. Subsequently, on May 15, 2024, Respondent filed a proffer on award of compensation, agreeing to a total award of $160,442.21. This amount included $150,000.00 for pain and suffering, $8,647.81 for lost wages, and $1,794.40 for unreimbursed expenses. Petitioner agreed with this proffered award. A decision awarding damages was issued on June 17, 2024, granting Petitioner a lump sum payment of $160,442.21.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00148-0
Date issued/filed: 2023-09-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/10/2023) regarding 28 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:22-vv-00148-UNJ Document 33 Filed 09/26/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0148V
MARY WALSH, Chief Special Master Corcoran
Petitioner, Filed: August 10, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maureen A. Keegan, Basch & Keegan, Kingston, NY, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 14, 2022, Mary Walsh 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
November 13, 2020. Petition at 1. Petitioner further alleges that her “injuries have
persisted for more than six months.” Petition at ¶10. 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 that “Petitioner’s alleged injury is consistent with SIRVA as
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 1:22-vv-00148-UNJ Document 33 Filed 09/26/23 Page 2 of 2
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; Petitioner experienced a reduced
ROM; the medical records indicate that 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_22-vv-00148-1
Date issued/filed: 2024-06-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/16/2024) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00148-UNJ Document 44 Filed 06/17/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0148V
MARY WALSH, Chief Special Master Corcoran
Petitioner, Filed: May 16, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maureen A. Keegan, Basch & Keegan, Kingston, NY, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 14, 2022, Mary Walsh 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 November
13, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On August 10, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On May 15, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $160,442.21,
comprised of $150,000.00 in actual pain and suffering, $8,647.81 in lost wages, and
$1,794.40 in unreimbursed out-of-pocket expenses. 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.
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 1:22-vv-00148-UNJ Document 44 Filed 06/17/24 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $160,442.21, comprised of $150,000.00 in actual pain and suffering,
$8,647.81 in lost wages, and $1,794.40 in unreimbursed 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 1:22-vv-00148-UNJ Document 44 Filed 06/17/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARY WALSH,
Petitioner,
No. 22-148V
v. Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On February 14, 2022, Mary Walsh (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
to -34, as amended. She alleges that, as a result of receiving an influenza vaccine on November
13, 2020, she sustained a Shoulder Injury Related to Vaccine Administration (“SIRVA”).
Petition at 1. On August 2, 2023, respondent filed his Vaccine Rule 4(c) report, concluding that
petitioner suffered SIRVA as defined by the Vaccine Injury Table, within the Table timeframe,
and with no apparent alternative cause. On October 10, 2023, Chief Special Master Corcoran
issued a ruling on entitlement, finding that petitioner was entitled to compensation for a SIRVA
Table injury.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:22-vv-00148-UNJ Document 44 Filed 06/17/24 Page 4 of 5
a lump sum of $160,442.21, for all damages (consisting of $150,000.00 actual pain and
suffering, $8,647.81 in lost wages, and $1,794.40 in documented out-of-pocket expenses). This
amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.
III. Form of the Award
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 following: A lump sum payment of $160,442.21 in
the form of a check payable to petitioner.2 Petitioner agrees.
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
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:22-vv-00148-UNJ Document 44 Filed 06/17/24 Page 5 of 5
s/Katherine C. Esposito
Katherine C. Esposito
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) 305-3774
katherine.esposito@usdoj.gov
Dated: May 15, 2024
3