VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00877
Package ID: USCOURTS-cofc-1_22-vv-00877
Petitioner: Julie Fisher
Filed: 2022-08-10
Decided: 2024-01-23
Vaccine: influenza
Vaccination date: 2021-09-15
Condition: right-sided Table shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 71000

AI-assisted case summary:
Julie Fisher, an adult, received an influenza vaccination on September 15, 2021. Within 48 hours, she developed a right-sided shoulder injury related to vaccine administration (SIRVA). She filed a petition for compensation under the National Vaccine Injury Compensation Program on August 10, 2022, alleging the injury was a Table injury. The respondent conceded that her injury was consistent with SIRVA, noting no prior history of shoulder issues, pain onset within 48 hours, pain localized to the injection site, and no other identified condition to explain the pain. The respondent also agreed that she suffered residual effects for more than six months and met all other requirements for compensation. A ruling on entitlement was issued on November 21, 2023, finding her entitled to compensation. Subsequently, on January 23, 2024, a decision awarding damages was issued. The parties stipulated to an award of $71,000.00 for pain and suffering, which Julie Fisher, as a competent adult, agreed to. This amount represents compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00877-0
Date issued/filed: 2023-12-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/21/2023) 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-00877-UNJ Document 31 Filed 12/22/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-877V
JULIE FISHER, Chief Special Master Corcoran
Petitioner, Filed: November 21, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for
Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 10, 2022, Julie Fisher 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 right-sided Table shoulder injury
related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination
received on September 15, 2021. Petition at 1. Petitioner further alleges the vaccine was
administered within the United States, that she suffered the residual effects of her injury
for more than six months, and that there has been no prior award or settlement of a civil
action on her behalf as a result of her injury. See Petition at ¶¶ 2, 14, 16-17. 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-00877-UNJ Document 31 Filed 12/22/23 Page 2 of 2
On November 20, 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 indicates that he
has concluded that petitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table. Specifically, petitioner had no relevant
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 3 (citing C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that Petitioner has
suffered the sequela of her injury for more than six months and has otherwise satisfied
all requirements for compensation under the Vaccine Act. Id. at 3-4.
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-00877-1
Date issued/filed: 2024-01-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/21/2023) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00877-UNJ Document 36 Filed 01/23/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-877V
JULIE FISHER, Chief Special Master Corcoran
Petitioner, Filed: December 21, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for
Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 10, 2022, Julie Fisher 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 right-sided Table shoulder injury
related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination
received on September 15, 2021. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 21, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 21, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $71,000.00
for pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner
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-00877-UNJ Document 36 Filed 01/23/24 Page 2 of 5
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 $71,000.00 (representing 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-00877-UNJ Document 36 Filed 01/23/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JULIE FISHER,
Petitioner,
No. 22-877V
v. Chief Special Master Corcoran
SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 10, 2022, Julie Fisher (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
–34, as amended (“Vaccine Act” or “Act”). Petitioner alleges that she suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of an influenza vaccination
administered on September 15, 2021. Petition at 1.
On November 20, 2023, respondent filed his Vaccine Rule 4(c) report, recommending
that compensation be awarded. ECF No. 24. On November 21, 2023, this Court issued a Ruling
on Entitlement finding petitioner entitled to compensation. ECF No. 25.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $71,000.00, consisting entirely of
compensation for pain and suffering. This represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:22-vv-00877-UNJ Document 36 Filed 01/23/24 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 $71,000.00, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Julie Fisher.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Julie Fisher: $71,000.00.
Respectfully submitted,
BRIAN BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
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-00877-UNJ Document 36 Filed 01/23/24 Page 5 of 5
s/ Jennifer A. Shah
Jennifer A. Shah
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-2181
Jennifer.shah@usdoj.gov
Dated: December 21, 2023
3