VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00192
Package ID: USCOURTS-cofc-1_22-vv-00192
Petitioner: Cheryl Maxheimer
Filed: 2022-02-22
Decided: 2023-11-03
Vaccine: influenza
Vaccination date: 2019-10-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 25639

AI-assisted case summary:
Cheryl Maxheimer 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 13, 2019. She stated the vaccine was administered in the United States, her condition resulted in residual effects for more than six months, and no prior compensation had been awarded for her injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Maxheimer was entitled to compensation. The respondent concluded that her injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she had met all legal requirements for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Maxheimer entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent had proffered an award of $25,639.76, comprising $25,000.00 for pain and suffering and $639.76 for unreimbursable expenses, to which Ms. Maxheimer agreed. The court awarded Ms. Maxheimer the stipulated lump sum of $25,639.76, representing compensation for all available damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00192-0
Date issued/filed: 2023-11-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/04/23) regarding 46 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:22-vv-00192-UNJ Document 52 Filed 11/03/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-192V
CHERYL MAXHEIMER, Chief Special Master Corcoran
Petitioner, Filed: October 4, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Scott William Rooney, Nemes, Rooney, P.C., Farmington Hills, MI, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 22, 2022, Cheryl Maxheimer (“Petitioner”) 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
administered on October 13, 2019. Petition at 1-3. Petitioner further alleges the vaccine
was administered within the United States, that she suffered the residual effects of her
condition for more than six months, and that no one has received compensation in the
form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 2-3. 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-00192-UNJ Document 52 Filed 11/03/23 Page 2 of 2
On September 29, 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 Conceding Entitlement to Compensation and Proffer of Damages at 1.
Specifically, Respondent concluded that Petitioner’s injury is consistent with a SIRVA as
defined by the Vaccine Injury Table. Id. at 4. Respondent further agrees that Petitioner
has satisfied all legal prerequisites for compensation under the Vaccine 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

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DOCUMENT 2: USCOURTS-cofc-1_22-vv-00192-1
Date issued/filed: 2023-11-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/04/2023) regarding 47 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:22-vv-00192-UNJ Document 53 Filed 11/03/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-192V
CHERYL MAXHEIMER, Chief Special Master Corcoran
Petitioner, Filed: October 4, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Scott William Rooney, Nemes, Rooney, P.C., Farmington Hills, MI, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 22, 2022, Cheryl Maxheimer 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 vaccine administered on October 13,
2019. Petition at 1-3. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On October 4, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On September 29, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $25,639.76
(comprised of $25,000.00 for pain and suffering and $639.76 for unreimbursable
expenses). Respondents Rule 4(c) Report Conceding Entitlement to Compensation and
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-00192-UNJ Document 53 Filed 11/03/23 Page 2 of 2
Proffer of Damages at 5-6. 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.
Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum
payment of $25,639.76 (comprised of $25,000.00 for pain and suffering and $639.76
for past unreimbursable 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