VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00915
Package ID: USCOURTS-cofc-1_22-vv-00915
Petitioner: Aaron Lindh
Filed: 2024-02-29
Decided: 2024-05-17
Vaccine: influenza
Vaccination date: 2020-09-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 42500

AI-assisted case summary:
Aaron Lindh filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 23, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Lindh was entitled to compensation. The respondent determined that Mr. Lindh had no prior shoulder issues, his pain began within 48 hours of the vaccination, was localized to the injection site, and no other condition could explain the pain. The respondent also agreed that the residual effects lasted for more than six months. Based on the respondent's concession and the evidence, the court found Mr. Lindh entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $42,500.00, which Mr. Lindh agreed to, representing compensation for all damages, including pain and suffering. The court awarded Mr. Lindh a lump sum payment of $42,500.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00915-0
Date issued/filed: 2024-04-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/29/2024) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00915-UNJ Document 28 Filed 04/01/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-915V
AARON LINDH, Chief Special Master Corcoran
Petitioner, Filed: February 29, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jubaile Abila, Groth Law Firm, S.C., Brookfield, WI, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 17, 2022, Aaron Lindh 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 he suffered a shoulder injury related to vaccine
administration (SIRVA) after receiving an influenza (flu) vaccine on September 23, 2020.
Petition at 1. Petitioner further alleges that the vaccination was administered within the
United States, he experienced symptoms in excess of six months, and he has not
received any compensation in the form of an award or settlement or filed a civil action for
his vaccine-related injuries. Petition at 1, 6-7. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:22-vv-00915-UNJ Document 28 Filed 04/01/24 Page 2 of 2
On December 14, 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. Respondent concluded that “[P]etitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table.” Specifically, Respondent determined that
[P]etitioner had no history of pain, inflammation, or dysfunction of his 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 [P]etitioner’s shoulder pain.” Id. at
5. Respondent further agrees that Petitioner suffered the residual effects of his condition
for more than six months. 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-00915-1
Date issued/filed: 2024-05-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/16/2024) 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-00915-UNJ Document 35 Filed 05/17/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-915V
AARON LINDH, Chief Special Master Corcoran
Petitioner, Filed: April 16, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jubaile Abila, Growth Law Firm, S.C., Brookfield, WI, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 17, 2022, Aaron Lindh 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on September 23,
2020. Petition at ¶¶ 1,5. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On February 29, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his SIRVA. On April 16, 2024, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $42,500.00.
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.
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-00915-UNJ Document 35 Filed 05/17/24 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $42,500.00 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-00915-UNJ Document 35 Filed 05/17/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
AARON LINDH,
Petitioner,
No. 22-915V
v. Chief Special Master Corcoran
SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 17, 2022, petitioner Aaron Lindh (“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 he suffered a
Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza
vaccination administered on September 23, 2020. Petition at 1, 5.
On December 14, 2023, respondent filed his Vaccine Rule 4(c) report, recommending
that compensation be awarded. ECF No. 21. On February 29, 2024, 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 $42,500.00, 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-00915-UNJ Document 35 Filed 05/17/24 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 $42,500.00, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Aaron Lindh.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Aaron Lindh: $42,500.00.
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
COLLEEN C. HARTLEY
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-00915-UNJ Document 35 Filed 05/17/24 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: April 16, 2024
3