VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00396
Package ID: USCOURTS-cofc-1_22-vv-00396
Petitioner: Deborah Precil
Filed: 2022-04-06
Decided: 2023-11-03
Vaccine: influenza
Vaccination date: 2020-10-31
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47500

AI-assisted case summary:
Deborah Precil filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 31, 2020. The respondent conceded that her 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 the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that her symptoms persisted for more than six months. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement, finding Ms. Precil entitled to compensation. Subsequently, the parties stipulated to an award of $47,500.00 for pain and suffering. This amount was awarded as a lump sum payment to Ms. Precil, who is a competent adult. The decision was filed on November 3, 2023, with the petition having been filed on April 6, 2022.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00396-0
Date issued/filed: 2023-11-03
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/03/2023) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00396-UNJ Document 30 Filed 11/03/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-396V
DEBORAH PRECIL, Chief Special Master Corcoran
Petitioner, Filed: October 3, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 6, 2022, Deborah Precil 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) resulting the influenza (flu) vaccination she received on October
31, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On September 28, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On September 29, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $47,500.00
in pain and suffering. Proffer at 1. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:22-vv-00396-UNJ Document 30 Filed 11/03/23 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $47,500.00 in 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 1:22-vv-00396-UNJ Document 30 Filed 11/03/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
DEBORAH PRECIL, )
)
Petitioner, ) No. 22-396V (ECF)
) Chief Special Master Brian H. Corcoran
v. )
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 6, 2022, Deborah Precil (“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 shoulder injury related to vaccine administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccination that she received on October 31, 2020. Petition at 1. On September 13, 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.
ECF No. 22. On September 28, 2023, the Court issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 23.
I. Items of Compensation
Based on the evidence of record, respondent proffers that petitioner should be awarded
$47,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all
elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.

Case 1:22-vv-00396-UNJ Document 30 Filed 11/03/23 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 Court’s decision and judgment
award the following: a lump sum payment of $47,500.00, in the form of a check payable to
petitioner.1
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Deborah Precil: $47,500.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Rachelle P. Bishop
RACHELLE P. BISHOP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202)616-3662
DATED: September 29, 2023 Rachelle.P.Bishop@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 unreimbursed
expenses, future lost earnings, and future pain and suffering.
2

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DOCUMENT 2: USCOURTS-cofc-1_22-vv-00396-1
Date issued/filed: 2023-11-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/28/2023) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00396-UNJ Document 32 Filed 11/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-396V
DEBORAH PRECIL, Chief Special Master Corcoran
Petitioner, Filed: September 28, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 6, 2022, Deborah Precil 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) resulting the influenza (flu) vaccination she received on October
31, 2020. Petition at 1. Petitioner further alleges that the vaccination was administered
within the United States, her SIRVA symptoms persisted for more than six months, and
neither she, nor any other party, has ever filed any action or received compensation in
the form of an award or settlement for [P]etitioner’s vaccine-related injury.” Petition at 1-
2. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:22-vv-00396-UNJ Document 32 Filed 11/17/23 Page 2 of 2
On September 13, 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. Respondent concluded that Petitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table. Id. at 4. Specifically, Respondent
determined that [P]etitioner had no history of pain, inflammation, or dysfunction of her left
shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an
intramuscular vaccination; 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. 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