VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00176
Package ID: USCOURTS-cofc-1_22-vv-00176
Petitioner: Sandra Fox
Filed: 2022-02-18
Decided: 2023-11-14
Vaccine: influenza
Vaccination date: 2020-10-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55203

AI-assisted case summary:
Sandra Fox filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 26, 2020. She claimed the injury was a Table injury and that she suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that her injury was consistent with SIRVA and that she met the legal prerequisites for compensation. A ruling on entitlement was issued on September 8, 2023, finding her entitled to compensation. Subsequently, on October 10, 2023, the respondent filed a proffer on award of compensation, proposing an award of $55,000.00 for pain and suffering and $203.00 for unreimbursed expenses, totaling $55,203.00. Petitioner agreed with this proffered award. On November 14, 2023, the Chief Special Master issued a decision awarding Sandra Fox a lump sum payment of $55,203.00, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00176-0
Date issued/filed: 2023-10-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/08/2023) regarding 26 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00176-UNJ Document 28 Filed 10/10/23 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0176V
SANDRA FOX, Chief Special Master Corcoran
Petitioner, Filed: September 8, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 18, 2022, Sandra Fox 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”), a defined Table injury, after receiving an influenza (“flu”)
vaccine on October 26, 2020. Petition at 1, ¶¶ 1, 14. Petitioner further alleges that she
suffered the residual effects of her injury for more than six months and that neither she
nor any other party has filed a civil claim or received compensation for her injury. Id. at
¶¶ 11-13. 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 1:22-vv-00176-UNJ Document 28 Filed 10/10/23 Page 2 of 2
On September 5, 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 “has concluded that [P]etitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees
that “based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites
for compensation under the Act.” 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_22-vv-00176-1
Date issued/filed: 2023-11-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/13/2023) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00176-UNJ Document 34 Filed 11/14/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-176V
SANDRA FOX, Chief Special Master Corcoran
Petitioner, Filed: October 13, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 18, 2022, Sandra Fox 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 Table injury – shoulder injury related
to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccine on October
26, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On September 8, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On October 10, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $55,000.00 for
actual pain and suffering and $203.00 for unreimbursed expenses. Proffer at 1-2. In the
Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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-00176-UNJ Document 34 Filed 11/14/23 Page 2 of 5
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 $55,203.00 (representing $55,000.00 for actual pain and suffering
and $203.00 for 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-00176-UNJ Document 34 Filed 11/14/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SANDRA FOX,
Petitioner,
No. 22-176V
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 18, 2022, Sandra Fox (“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 Table shoulder injury related to vaccine administration
(“SIRVA”), as the result of an influenza (“flu”) vaccination received on October 26, 2020.
Petition at 1. On September 5, 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, and the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation on September 8, 2023. ECF No. 25; ECF No. 26.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Sandra Fox should be awarded $55,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00176-UNJ Document 34 Filed 11/14/23 Page 4 of 5
B. Past, Unreimbursible Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded $203.00 in past, unreimbursible expenses. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
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
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner be made as a lump sum
payment of $55,203.00, in the form of a check payable to petitioner.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
2

Case 1:22-vv-00176-UNJ Document 34 Filed 11/14/23 Page 5 of 5
/s/ Alexa Roggenkamp
ALEXA ROGGENKAMP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4179
alexa.roggenkamp@usdoj.gov
DATED: October 10, 2023
3