VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00600
Package ID: USCOURTS-cofc-1_22-vv-00600
Petitioner: Darby Hoss
Filed: 2022-06-01
Decided: 2023-11-29
Vaccine: influenza
Vaccination date: 2019-10-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 77500

AI-assisted case summary:
On June 1, 2022, Darby Hoss filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 24, 2019. Hoss alleged that the vaccine was administered in the United States, that his symptoms persisted for more than six months, and that no prior action or compensation had been received for this injury. The case was assigned to the Special Processing Unit. On September 21, 2023, the Respondent filed a Rule 4(c) report conceding that Hoss was entitled to compensation. The Respondent agreed that Hoss's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that Hoss had no prior history of left shoulder pain or dysfunction, that the pain occurred within 48 hours after the intramuscular vaccination, that the pain was limited to the injection site shoulder, and that no other condition could explain the shoulder pain. The Respondent further agreed that Hoss suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. On September 22, 2023, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Hoss entitled to compensation. Subsequently, on October 27, 2023, the Respondent filed a proffer on the award of compensation, proposing an award of $77,500.00, which Petitioner agreed to. On November 29, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Hoss a lump sum payment of $77,500.00 for pain and suffering, representing all elements of compensation available under the Vaccine Act. The award was to be paid via check to Petitioner. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Andrew Henning of the U.S. Department of Justice.

Theory of causation field:
Petitioner Darby Hoss alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on October 24, 2019. The Respondent conceded entitlement, agreeing that the injury was consistent with SIRVA as defined by the Vaccine Injury Table. Key factors supporting this concession included no prior history of shoulder pain, onset of pain within 48 hours post-vaccination, pain localized to the injection site shoulder, and no other identified condition to explain the pain. Petitioner's symptoms persisted for more than six months. The Respondent's Rule 4(c) Report and subsequent Proffer on Award of Compensation, filed by Andrew Henning of the U.S. Department of Justice, led to a Ruling on Entitlement on September 22, 2023, by Chief Special Master Brian H. Corcoran. A final Decision Awarding Damages was issued by Chief Special Master Corcoran on November 29, 2023, awarding Petitioner $77,500.00 as a lump sum for pain and suffering, representing all elements of compensation. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP. The theory of causation is based on the Vaccine Injury Table (SIRVA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00600-0
Date issued/filed: 2023-10-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/22/2023) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00600-UNJ Document 26 Filed 10/24/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0600V
DARBY HOSS, Chief Special Master Corcoran
Petitioner, Filed: September 22, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 1, 2022, Darby Hoss 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 he suffered a shoulder injury related to vaccine injury
(“SIRVA”) resulting from an influenza vaccine received on October 24, 2019. Petition at
1. Petitioner further alleges that the vaccine was administered in the United States, his
symptoms persisted for more than six months, and neither Petitioner, nor any other party,
has ever filed any action or received compensation in the form of an award or settlement,
for Petitioner’s vaccine-related injury. Petition at ¶¶ 1, 12-14; Ex. 1. 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-00600-UNJ Document 26 Filed 10/24/23 Page 2 of 2
On September 21, 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 agrees 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 his left shoulder prior to vaccination; pain occurred
within 48 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. at 4. Respondent further
agrees that based on the medical records outlined in the Rule 4(c) Report, Petitioner
suffered the residual effects of his condition for more than six months and 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-00600-1
Date issued/filed: 2023-11-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/30/2023) regarding 28 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00600-UNJ Document 32 Filed 11/29/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0600V
DARBY HOSS, Chief Special Master Corcoran
Petitioner, Filed: October 30, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 1, 2022, Darby Hoss 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 he suffered a shoulder injury related to vaccine injury
(“SIRVA”) resulting from an influenza vaccine received on October 24, 2019. Petition at
1. Petitioner further alleges that the vaccine was administered in the United States, his
symptoms persisted for more than six months, and neither Petitioner, nor any other party,
has ever filed any action or received compensation in the form of an award or settlement,
for Petitioner’s vaccine-related injury. Petition at ¶¶ 1, 12-14; Ex. 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On September 22, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On October 27, 2023, Respondent filed a proffer on
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-00600-UNJ Document 32 Filed 11/29/23 Page 2 of 4
award of compensation (“Proffer”) indicating Petitioner should be awarded $77,500.00.
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $77,500.00 (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-00600-UNJ Document 32 Filed 11/29/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DARBY HOSS,
Petitioner,
v. No. 22-600V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND SPU
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 1, 2022, Darby Hoss (“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
(“flu”) vaccine she received on or about October 24, 2019. Petition at 1.
On September 21, 2023, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. ECF No. 21. On September 22, 2023, Chief
Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to
vaccine compensation for his SIRVA. ECF No. 22.
I. Item of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $77,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00600-UNJ Document 32 Filed 11/29/23 Page 4 of 4
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $77,500.00, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
/s/ ANDREW J. HENNING
ANDREW J. HENNING
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) 616-4405
Email: andrew.j.henning@usdoj.gov
DATED: October 27, 2023
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move
the Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
2