VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00663
Package ID: USCOURTS-cofc-1_22-vv-00663
Petitioner: Rene Newman
Filed: 2022-06-15
Decided: 2024-07-09
Vaccine: influenza
Vaccination date: 2020-10-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 74366

AI-assisted case summary:
Rene Newman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 3, 2020. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. A Ruling on Entitlement was issued on March 28, 2024, finding Ms. Newman entitled to compensation. Subsequently, on May 29, 2024, the respondent filed a Proffer on award of compensation, recommending an award of $72,500.00 for pain and suffering and $1,866.00 for past unreimbursable expenses, totaling $74,366.00. Ms. Newman agreed with this proffered award. On July 9, 2024, the Chief Special Master issued a Decision Awarding Damages, awarding Ms. Newman a lump sum payment of $74,366.00 for pain and suffering and past unreimbursable expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00663-0
Date issued/filed: 2024-04-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/28/2024) regarding 25 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00663-UNJ Document 28 Filed 04/30/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-663V
RENE NEWMAN, Chief Special Master Corcoran
Petitioner, Filed: March 28, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 15, 2022, Rene Newman (“Petitioner”) 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 from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccination
on October 3, 2020. Pet., ECF No. 1. Petitioner further alleges that she suffered the
residual effects of her injury for more than six months. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On March 27, 2024, 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 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-00663-UNJ Document 28 Filed 04/30/24 Page 2 of 2
1, ECF No. 24. Specifically, Respondent indicated that “Petitioner’s alleged injury is
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent
agrees that Petitioner “has satisfied all legal prerequisites for compensation under the
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-00663-1
Date issued/filed: 2024-07-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/03/2024) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00663-UNJ Document 36 Filed 07/09/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-663V
RENE NEWMAN, Chief Special Master Corcoran
Petitioner, Filed: June 3, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 15, 2022, Rene Newman 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”) vaccination administered to her
on October 3, 2020. Pet., ECF No. 1. Petitioner further alleges that the vaccine was
received in the United States, she suffered sequela of her injury for more than six months,
and neither Petitioner nor any other party has ever received compensation in the form of
an award or settlement for her vaccine-related injury. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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-00663-UNJ Document 36 Filed 07/09/24 Page 2 of 5
On March 28, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. ECF No. 25. On May 29, 2024, Respondent filed a Proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $72,500.00
in pain and suffering and $1,866.00 in past unreimbursable expenses. Proffer at 1-2, ECF
No. 31. In the Proffer, Respondent represented that Petitioner agrees with the proffered
award. See 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 $74,366.00 for pain and suffering and 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-00663-UNJ Document 36 Filed 07/09/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RENE NEWMAN,
Petitioner,
No. 22-663V
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 15, 2022, Rene Newman (“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 Table shoulder injury related to vaccine administration
(“SIRVA”), as the result of an influenza (“flu”) vaccination she received on October 3, 2020.
Petition at 1. On March 27, 2024, 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 March 28, 2024, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 24; ECF No. 25.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $72,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:22-vv-00663-UNJ Document 36 Filed 07/09/24 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,866.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). 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
lump sum payments as described below and requests that the Special Master’s decision and the
Court’s judgment award the following1:
A. A lump sum payment of $74,366.00, in the form of a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
A. Lump sum payable to petitioner, Rene Newman $74,366.00
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
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

Case 1:22-vv-00663-UNJ Document 36 Filed 07/09/24 Page 5 of 5
/s/ Neil Bhargava
NEIL BHARGAVA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-3989
Date: May 29, 2024 neil.bhargava@usdoj.gov
3