VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00655
Package ID: USCOURTS-cofc-1_22-vv-00655
Petitioner: Veronica Demoss
Filed: 2022-06-15
Decided: 2023-11-28
Vaccine: influenza
Vaccination date: 2019-11-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 87550

AI-assisted case summary:
Veronica Demoss filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 1, 2019. She stated the vaccine was received in the United States, she suffered residual effects for more than six months, and no other action or compensation had been sought for her injuries. The respondent, the Secretary of Health and Human Services, conceded in a Rule 4(c) report that Ms. Demoss was entitled to compensation. The Secretary agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, her pain occurred within 48 hours post-vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months and met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Demoss entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent filed a proffer indicating an award of $87,550.80, which Ms. Demoss agreed to. This award was comprised of $80,000.00 for pain and suffering, $4,540.95 for past unreimbursable expenses, and $3,009.85 for past lost wages. The court awarded Ms. Demoss the lump sum of $87,550.80.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00655-0
Date issued/filed: 2023-11-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/26/2023) regarding 31 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00655-UNJ Document 33 Filed 11/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0655V
VERONICA DEMOSS, Chief Special Master Corcoran
Petitioner, Filed: October 26, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Daniel Henry Pfeifer, Pfeifer, Morgan & Stesiak, South Bend, IN, for Petitioner.
Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 15, 2022, Veronica Demoss 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 from an influenza vaccine received on November 1,
2019. Petition at 1. Petitioner further alleges that the vaccine was received in the United
States, she suffered residual effects of her injury for more than six months, and neither
Petitioner, nor any other person, has ever filed any action or received compensation in
the form of an award or settlement for her vaccine-related injuries. Petition at ¶¶ 2, 8-15.
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-00655-UNJ Document 33 Filed 11/27/23 Page 2 of 2
On October 26, 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 her 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 3. Respondent further
agrees that the records demonstrate that Petitioner suffered the residual effects of her
condition for more than six months and has satisfied all legal prerequisites for
compensation under the Act. Id. at 4.
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-00655-1
Date issued/filed: 2023-11-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/26/2023) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00655-UNJ Document 34 Filed 11/28/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0655V
VERONICA DEMOSS, Chief Special Master Corcoran
Petitioner, Filed: October 26, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Daniel Henry Pfeifer, Pfeifer, Morgan & Stesiak, South Bend, IN, for Petitioner.
Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 15, 2022, Veronica Demoss 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 from an influenza vaccine received on November 1,
2019. Petition at 1. Petitioner further alleges that the vaccine was received in the United
States, she suffered residual effects of her injury for more than six months, and neither
Petitioner, nor any other person, has ever filed any action or received compensation in
the form of an award or settlement for her vaccine-related injuries. Petition at ¶¶ 2, 8-15.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 26, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On October 26, 2023, Respondent filed a proffer on award
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-00655-UNJ Document 34 Filed 11/28/23 Page 2 of 2
of compensation (“Proffer”) indicating Petitioner should be awarded $87,550.80. Proffer
at 5. 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 $87,550.80 (comprised of $80,000.00 in pain and suffering, $4,540.95 in
past unreimbursable expenses, and $3,009.85 in past lost wages) 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