VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00596
Package ID: USCOURTS-cofc-1_22-vv-00596
Petitioner: Megan Hartz
Filed: 2022-05-31
Decided: 2024-10-22
Vaccine: influenza
Vaccination date: 2020-10-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50036

AI-assisted case summary:
Megan Hartz 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 received on October 5, 2020. She claimed the injury was a Table injury and that its residual effects lasted for more than six months. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that her injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that Ms. Hartz had no prior history of shoulder issues, the pain occurred within 48 hours post-vaccination, was limited to the injection site, and no other condition explained the pain. The case proceeded to a damages hearing because the parties could not informally resolve the issue. Ms. Hartz sought $80,000 for pain and suffering and $36.22 for mileage expenses. The respondent recommended $42,500 for pain and suffering and $10.49 for mileage. The Chief Special Master awarded Ms. Hartz $50,000 for pain and suffering and $36.22 for unreimbursed expenses, totaling $50,036.22, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00596-0
Date issued/filed: 2023-11-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/06/2023) regarding 32 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00596-UNJ Document 38 Filed 11/06/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-596V
MEGAN HARTZ, Chief Special Master Corcoran
Petitioner, Filed: October 6, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Catherine Wallace Costigan, Maglio Christopher & Toale, Washington, DC, for
Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 31, 2022, Megan Hartz 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”), as the result of an influenza (“flu”) vaccination received
on October 5, 2020. See Petition at 1-5. Petitioner further alleges that she suffered the
residual effects of her injury for more than six months, and that there has been no prior
award or settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶
19, 22-23. 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-00596-UNJ Document 38 Filed 11/06/23 Page 2 of 2
On October 4, 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 indicates that he
has concluded that petitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table. Specifically, petitioner 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. 42 C.F.R. §§ 100.3(a), (c)(10).
Additionally, based on the medical records . . . , petitioner suffered the
residual effects of her condition for more than six months. Therefore, based
on the record as it now stands, petitioner has satisfied all legal prerequisites
for compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42
U.S.C. § 300aa-11(c)(1)(D)(i).
Id. at 7.
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-00596-1
Date issued/filed: 2024-10-22
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 09/20/2024) regarding 44 DECISION of Special Master ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00596-UNJ Document 50 Filed 10/22/24 Page 1 of 3
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-596V
MEGAN HARTZ, Chief Special Master Corcoran
Petitioner, Filed: September 20, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for
Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 31, 2022, Megan Hartz 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 – a shoulder injury related to
vaccine administration (“SIRVA”) - as a result of her receipt of the flu vaccine on October
5, 2020. Petition at 1, 4. The case was assigned to the Special Processing Unit of the
Office of Special Masters. Because the parties could not informally resolve the issue of
damages, they were ordered to file briefs setting forth their respective arguments 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-00596-UNJ Document 50 Filed 10/22/24 Page 2 of 3
were notified that I would resolve this dispute via an expedited “Motions Day” hearing,
which ultimately took place on September 20, 2024.
Petitioner seeks an award of $80,000.00 in compensation for Petitioner’s actual
pain and suffering, while Respondent recommends an award of $42,500.00. Additionally,
Petitioner seeks an award of unreimbursed expenses of $36.22 representing her mileage
calculated at the IRS business rate. Respondent recommends an award of $10.49
representing Petitioner’s mileage calculated at the IRS medical rate.
After listening to the arguments of both sides, I issued an oral ruling on damages
constituting my findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A),
at the conclusion of the September 20, 2024 hearing. An official recording of the
proceeding was taken by a court reporter, although a transcript has not yet been filed in
this matter. I hereby fully adopt and incorporate that oral ruling as officially recorded. As
discussed during my oral ruling, in another recent decision I discussed at length the legal
standard to be considered in determining damages and prior SIRVA compensation within
SPU. I fully adopt and hereby incorporate my prior discussion in Section VII (A) and (B)
of Crawford v. Sec'y of Health & Hum. Servs., No. 19-0544V, 2024 WL 1045147, at *20-
22 (Fed. Cl. Feb. 5, 2024) to the instant ruling and decision. Additionally, the official
recording of my oral ruling includes my discussion of various comparable cases as well
as specific facts relating to Petitioner’s medical history and experience that further
informed my decision awarding damages herein.
Based on my consideration of the complete record as a whole and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $50,000.00
represents a fair and appropriate amount of compensation for Petitioner’s actual
pain and suffering.3 I also find that Petitioner is entitled to $36.22 in actual
unreimbursable expenses, representing Petitioner’s incurred mileage calculated at
the IRS business rate.4
Accordingly, I award Petitioner a lump sum payment of $50,036.22
(representing an award of $50,000.00 for pain and suffering and $36.22 for
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
4 I discussed in several past decisions my reasoning in awarding the IRS business rate for mileage incurred
in Program claims, and I referred to those decisions at the hearing. See, e.g., Tappendorf v. Sec'y of Health
& Hum. Servs., No. 20-1592V, 2024 WL 1299566, at *5-6 (Fed. Cl. Feb. 23, 2024); Gibson v. Sec'y of
Health & Hum. Servs., No. 20-0243V, 2022 WL 17820891, at *12 (Fed. Cl. Spec. Mstr. Oct. 5, 2022);
Kleinschmidt v. Sec'y of Health & Hum. Servs., No. 20-0680V, 2023 WL 9119039, at *7 (Fed. Cl. Spec.
Mstr. Dec. 5, 2023).
2

Case 1:22-vv-00596-UNJ Document 50 Filed 10/22/24 Page 3 of 3
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.5
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
5 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.
3