VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00652
Package ID: USCOURTS-cofc-1_22-vv-00652
Petitioner: Frances McGovern
Filed: 2023-11-13
Decided: 2024-01-12
Vaccine: influenza
Vaccination date: 2020-12-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 79825

AI-assisted case summary:
Frances McGovern filed a petition for compensation under the National Vaccine Injury Compensation Program on June 14, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on December 1, 2020. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 13, 2023, the Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 13, 2023, finding Petitioner entitled to compensation. Subsequently, on December 6, 2023, the Respondent filed a Proffer on Award of Compensation, indicating that Petitioner should be awarded $79,825.82. This amount comprised $77,250.00 for pain and suffering and $2,575.82 for past unreimbursable expenses. Petitioner agreed with the proffered award. On January 12, 2024, Chief Special Master Corcoran issued a Decision Awarding Damages, finding Petitioner entitled to the award as stated in the Proffer. The award was a lump sum payment of $79,825.82, to be paid as a check to Petitioner, representing compensation for all damages available under Section 15(a). Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Adam N. Muffett of the U.S. Department of Justice. The public decision was issued on January 12, 2024.

Theory of causation field:
Frances McGovern filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on December 1, 2020. The Respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. The case proceeded as a Table claim. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 13, 2023, finding Petitioner entitled to compensation. A subsequent Decision Awarding Damages was issued on January 12, 2024, awarding Petitioner a lump sum of $79,825.82, consisting of $77,250.00 for pain and suffering and $2,575.82 for past unreimbursable expenses. Petitioner was represented by Jeffrey S. Pop, and Respondent was represented by Adam N. Muffett. The public text does not describe the specific medical onset, symptoms, tests, treatments, or expert testimony, nor does it detail the precise mechanism of injury beyond it being a Table-recognized SIRVA.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00652-0
Date issued/filed: 2023-12-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/13/2023) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00652-UNJ Document 29 Filed 12/15/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0652V
FRANCES MCGOVERN, Chief Special Master Corcoran
Petitioner, Filed: November 13, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Adam N. Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 14, 2022, Frances McGovern 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
December 1, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 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. Specifically, Respondent “has concluded that [P]etitioner’s alleged injury is
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-00652-UNJ Document 29 Filed 12/15/23 Page 2 of 2
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent
further agrees that “[P]etitioner 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_22-vv-00652-1
Date issued/filed: 2024-01-12
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/07/2023) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00652-UNJ Document 30 Filed 01/12/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0652V
FRANCES MCGOVERN, Chief Special Master Corcoran
Petitioner, Filed: December 7, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Adam N. Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 14, 2022, Frances McGovern 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
December 1, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 13, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 6, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $79,825.82
(comprised of $77,250.00 for pain and suffering and $2,575.82 for past unreimbursable
expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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-00652-UNJ Document 30 Filed 01/12/24 Page 2 of 5
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 $79,825.82 (comprised of $77,250.00 for pain and suffering and
$2,575.82 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

Case 1:22-vv-00652-UNJ Document 30 Filed 01/12/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
FRANCES MCGOVERN, )
)
Petitioner, )
) No. 22-0652V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 14, 2022, Frances McGovern (“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 vaccine she received on December 1, 2020. Petition at 1. On November 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, and on the same day, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 21, 22.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $77,250.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00652-UNJ Document 30 Filed 01/12/24 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to his vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $2,575.82. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is 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 should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $79,825.82 in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Frances McGovern: $79,825.82
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 lost earnings
and future pain and suffering.
2

Case 1:22-vv-00652-UNJ Document 30 Filed 01/12/24 Page 5 of 5
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
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
/s/ Adam N. Muffett
ADAM N. MUFFETT
Trial Attorney
U.S. Department of Justice
Torts Branch, Civil Division
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-2895
Adam.muffett@usdoj.gov
Date: December 6, 2023
3