VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00904
Package ID: USCOURTS-cofc-1_22-vv-00904
Petitioner: Michelle Delaney
Filed: 2023-09-28
Decided: 2023-11-02
Vaccine: influenza
Vaccination date: 2021-10-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 46870

AI-assisted case summary:
Michelle Delaney 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 vaccination she received on October 19, 2021. She further alleged that her symptoms persisted for more than six months. The respondent, the Secretary of Health and Human Services, conceded that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent confirmed that Petitioner had no prior history of shoulder issues, that pain occurred within 48 hours after vaccination, was limited to the injection shoulder, and no other condition explained the pain. The respondent also agreed that the residual effects persisted for more than six months. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties stipulated to an award of $46,870.00, consisting of $46,000.00 for pain and suffering and $870.00 for past unreimbursable expenses. The court awarded this lump sum payment to Michelle Delaney.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00904-0
Date issued/filed: 2023-10-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/28/2023) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00904-UNJ Document 28 Filed 10/30/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0904V
MICHELLE DELANEY,
Chief Special Master Corcoran
Petitioner,
v.
Filed: September 28, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 15, 2022, Michelle Delaney 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 shoulder injury related to
vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccination she
received on October 19, 2021. Petition at 1. Petitioner further alleges that her symptoms
persisted for more than six months. Petition at 4. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 28, 2023, Respondent filed a combined Rule 4(c) report and Proffer
(“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to compensation in this
case. Rule 4/Proffer at 1. Specifically, Respondent states that “petitioner’s alleged injury
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-00904-UNJ Document 28 Filed 10/30/23 Page 2 of 2
is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner
had no history of pain, inflammation, or dysfunction of her left 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 Petitioner suffered the residual effects of her condition
for more than six months. Id. at 4-5.
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-00904-1
Date issued/filed: 2023-11-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/28/2023) regarding 22 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00904-UNJ Document 29 Filed 11/02/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0904V
MICHELLE DELANEY,
Chief Special Master Corcoran
Petitioner,
v.
Filed: September 28, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 15, 2022, Michelle Delaney 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 shoulder injury related to
vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccination she
received on October 19, 2021. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 28, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On September 28, 2023, Respondent filed a combined Rule
4(c) Report and Proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner
should be awarded a total of $46,870.00, consisting of $46,000.00, in pain and suffering
and $870.00, in past unreimbursable expenses. Rule 4/Proffer at 5. In the Rule 4/Proffer,
Respondent represented that Petitioner agrees with the proffered award. Id. Based on
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-00904-UNJ Document 29 Filed 11/02/23 Page 2 of 2
the record as a whole, I find that Petitioner is entitled to an award as stated in the Rule
4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump
sum payment of $46,870.00 (consisting of $46,000.00, in pain and suffering and
$870.00, in 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