VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00766
Package ID: USCOURTS-cofc-1_22-vv-00766
Petitioner: Debra Powers
Filed: 2022-07-14
Decided: 2023-12-19
Vaccine: influenza
Vaccination date: 2020-09-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Debra Powers 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 September 21, 2020. The respondent, the Secretary of Health and Human Services, conceded that Ms. Powers was entitled to compensation. The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, pain occurred within 48 hours of vaccination, and the pain was limited to the injection site. The respondent also confirmed that her symptoms persisted for more than six months and she met all legal prerequisites for compensation. A ruling on entitlement was issued on November 6, 2023, finding her entitled to compensation. Subsequently, on November 15, 2023, the respondent filed a proffer agreeing to an award of $45,000.00 for pain and suffering, which Ms. Powers also agreed to. The Chief Special Master issued a decision awarding this lump sum payment on December 19, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00766-0
Date issued/filed: 2023-12-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/06/2023) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00766-UNJ Document 30 Filed 12/07/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0766V
DEBRA POWERS, Chief Special Master Corcoran
Petitioner, Filed: November 6, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 14, 2022, Debra Powers 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 September 21,
2020. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, her SIRVA 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, 10-
12. 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-00766-UNJ Document 30 Filed 12/07/23 Page 2 of 2
On November 1, 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 right 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 the records show 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.
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-00766-1
Date issued/filed: 2023-12-19
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/16/2023) regarding 25 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00766-UNJ Document 31 Filed 12/19/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0766V
DEBRA POWERS, Chief Special Master Corcoran
Petitioner, Filed: November 16, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 14, 2022, Debra Powers 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 September 21,
2020. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, her SIRVA 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, 10-
12. 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-00766-UNJ Document 31 Filed 12/19/23 Page 2 of 5
On November 6, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On November 15, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00.
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 $45,000.00 (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-00766-UNJ Document 31 Filed 12/19/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DEBRA POWERS,
Petitioner, No. 22-766V
Chief Special Master Brian H. Corcoran
v. (ECF)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 14, 2022, Debra Powers (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (the
“Vaccine Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she suffered a right
shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”)
vaccine administered to her on September 21, 2020. Petition at 1.
On November 1, 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 November 6, 2023, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 20; ECF No. 22.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $45,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:22-vv-00766-UNJ Document 31 Filed 12/19/23 Page 4 of 5
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 $45,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Debra Powers: $45,000.00
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
TRACI R. PATTON
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 lost earnings
and future pain and suffering.
2

Case 1:22-vv-00766-UNJ Document 31 Filed 12/19/23 Page 5 of 5
/s/ Amanda Pasciuto
AMANDA PASCIUTO
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4847
Amanda.Y.Pasciuto@usdoj.gov
Dated: November 15, 2023
3