VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00799
Package ID: USCOURTS-cofc-1_22-vv-00799
Petitioner: Allison Conine
Filed: 2022-07-22
Decided: 2023-12-22
Vaccine: influenza
Vaccination date: 2020-11-02
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47676

AI-assisted case summary:
Allison Conine filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a Table left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on November 2, 2020. The respondent, the Secretary of Health and Human Services, filed a report and proffer conceding that Petitioner is entitled to compensation. The respondent agreed that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master found Petitioner entitled to compensation. Subsequently, a decision on damages was issued. The respondent represented that Petitioner agreed to his proffer on an award of compensation. The court awarded a lump sum of $47,675.82, which included $47,500.00 for pain and suffering and $175.82 for past unreimbursable expenses. This amount was intended to compensate for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00799-0
Date issued/filed: 2023-12-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/21/2023) regarding 30 Ruling on Entitlement, Order on Motion for Ruling on the Record. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00799-UNJ Document 35 Filed 12/21/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0799V
ALLISON CONINE, Chief Special Master Corcoran
Petitioner,
v. Filed: November 21, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 22, 2022, Allison Conine (“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 a Table left shoulder injury related
to vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccination
received on November 2, 2020. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 21, 2023, Respondent filed a combined Rule 4(c) Report and Proffer
in which he concedes that Petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report and Proffer at 4. Specifically, Respondent states that
Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table
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 (2012).

Case 1:22-vv-00799-UNJ Document 35 Filed 12/21/23 Page 2 of 2
(the “Table”). Id. (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that
Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. (citing
Section 13(a)(1)(B); Section 11(c)(1)(D)(i)).
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-00799-1
Date issued/filed: 2023-12-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/21/2023) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00799-UNJ Document 36 Filed 12/22/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0799V
ALLISON CONINE, Chief Special Master Corcoran
Petitioner,
v. Filed: November 21, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On July 22, 2022, Allison Conine (“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 a Table left shoulder injury related
to vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccination
received on November 2, 2020. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 21, 2023, Respondent filed a combined Rule 4(c) Report and Proffer
in which he concedes that Petitioner is entitled to compensation for a Table SIRVA.
Respondent’s Rule 4(c) Report and Proffer at 1, 4. That same day, I issued a Ruling on
Entitlement.
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 (2012).

Case 1:22-vv-00799-UNJ Document 36 Filed 12/22/23 Page 2 of 2
Respondent represents that Petitioner agrees to his proffer on an award of
compensation. Respondent’s Rule 4(c) Report and Proffer at 5. 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 combined Rule 4(c) Report and Proffer,3 I award
the following compensation:
A lump sum of $47,675.82 (representing $47,500.00 for pain and suffering,
and $175.82 for past unreimbursable expenses) in the form of a check payable to
Petitioner. Respondent’s Rule 4(c) Report and Proffer at 5. This amount represents
compensation for all damages that would be available under Section 15(a). Id.
The Clerk of Court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal
medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto.
4 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