VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00837
Package ID: USCOURTS-cofc-1_22-vv-00837
Petitioner: Antoinette Liss
Filed: 2022-08-01
Decided: 2024-05-24
Vaccine: influenza
Vaccination date: 2021-10-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 42500

AI-assisted case summary:
Antoinette Liss filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 4, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that her injury was consistent with SIRVA, a defined Table injury, and that she had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on April 11, 2024, finding Antoinette Liss entitled to compensation. Subsequently, on April 19, 2024, the respondent filed a proffer on award of compensation, proposing an award of $42,500.00 for pain and suffering, which Antoinette Liss agreed to. The Chief Special Master issued a decision awarding Antoinette Liss a lump sum payment of $42,500.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00837-0
Date issued/filed: 2024-05-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/11/2024) regarding 38 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00837-UNJ Document 45 Filed 05/20/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0837V
ANTOINETTE LISS, Chief Special Master Corcoran
Petitioner, Filed: April 11, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 1, 2022, Antoinette Liss 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”), a defined Table injury, resulting from the influenza (“flu”)
vaccine she received on October 4, 2021. Petition at 1, ¶¶ 1-4. Petitioner further alleges
she received the vaccine within the United States and that neither he nor any other party
has filed a civil action or received compensation for his injury. Petition at ¶¶ 5-6. 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-00837-UNJ Document 45 Filed 05/20/24 Page 2 of 2
On April 10, 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.
Specifically, Respondent “has concluded that [P]etitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further states
that “based on the records as it now stands, [P]etitioner 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-00837-1
Date issued/filed: 2024-05-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/22/2024) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00837-UNJ Document 46 Filed 05/24/24 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0837V
ANTOINETTE LISS, Chief Special Master Corcoran
Petitioner, Filed: April 22, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 1, 2022, Antoinette Liss 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”), a defined Table injury, resulting from the influenza (“flu”)
vaccine she received on October 4, 2021. Petition at 1, ¶¶ 1-4. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On April 11, 2024, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. On April 19, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $42,500.00,
representing compensation for pain and suffering. Proffer at 1. In the Proffer, Respondent
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-00837-UNJ Document 46 Filed 05/24/24 Page 2 of 4
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 $42,500.00, representing compensation for 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-00837-UNJ Document 46 Filed 05/24/24 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANTOINETTE LISS,
Petitioner, No. 22-837V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
On August 1, 2022, Antionette Liss (“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 received on October 4, 2021.
Petition at 1.1 On April 10, 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, and on April 11, 2024, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 37; ECF No. 38.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$42,500.00, which represents all elements of compensation to which petitioner would be entitled
1 Petitioner filed an Amended Petition on September 1, 2023, that included additional detail that
was not found in the original Petition but continued to allege a SIRVA injury as a result of
petitioner’s October 4, 2021 flu vaccine. ECF No. 28.

Case 1:22-vv-00837-UNJ Document 46 Filed 05/24/24 Page 4 of 4
under 42 U.S.C. § 300aa-15(a).2 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 of $42,500.00, in the form of a check payable to petitioner. Petitioner agrees.
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
/s/ Alexa Roggenkamp
ALEXA ROGGENKAMP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4179
alexa.roggenkamp@usdoj.gov
Dated: April 19, 2024
2 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
2