VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00916
Package ID: USCOURTS-cofc-1_22-vv-00916
Petitioner: Abbey Rayner-Russell
Filed: 2022-08-17
Decided: 2025-01-27
Vaccine: influenza
Vaccination date: 2019-10-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 102500

AI-assisted case summary:
Abbey Rayner-Russell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 7, 2019. She further alleged that her SIRVA symptoms lasted longer than six months. The respondent conceded that Petitioner is entitled to compensation, stating her injury is consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Petitioner had no prior history of shoulder issues, pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the vaccinated shoulder, with no other identified condition explaining the symptoms. The Chief Special Master issued a ruling on entitlement on December 10, 2024, finding Petitioner entitled to compensation. Subsequently, on January 27, 2025, a decision awarding damages was issued. The respondent proffered an award of $102,500.00 for pain and suffering, which Petitioner agreed to. This amount represents all elements of compensation available under the Act. The award was made as a lump sum payment to Abbey Rayner-Russell, who is a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00916-0
Date issued/filed: 2025-01-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/10/2024) regarding 39 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00916-UNJ Document 49 Filed 01/14/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0916
ABBEY RAYNER-RUSSELL, Chief Special Master Corcoran
Petitioner, Filed: December 10, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Christopher E. Hultquist, Law Office of Christopher E. Hultquist, Esq., Providence, RI,
for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 17, 2022, Abbey Rayner-Russell 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”) following an influenzas vaccination she received on October 7,
2019. Petition at 1. Petitioner further alleges that her SIRVA symptoms have lasted longer
than six months. Petition at ¶ 9. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 9, 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 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-00916-UNJ Document 49 Filed 01/14/25 Page 2 of 2
1. Respondent states that “Petitioner’s alleged injury 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 forty-eight
hours after receipt of an intramuscular vaccination; pain and reduced range of motion 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 5. Respondent
further agrees that, “based on the record as it now stands, Petitioner 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-00916-1
Date issued/filed: 2025-01-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/17/2024) regarding 42 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00916-UNJ Document 50 Filed 01/27/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0916V
ABBEY E. RAYNER-RUSSELL, Chief Special Master Corcoran
Petitioner, Filed: December 17, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Christopher E. Hultquist, Law Office of Christopher E. Hultquist, Esq., Providence, RI,
for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 17, 2022, Abbey Rayner-Russell 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”) following an influenza vaccination she received on October 7,
2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On December 10, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On December 16, 2024, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$102,500.00 in pain and suffering. Proffer at 1-2. 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-00916-UNJ Document 50 Filed 01/27/25 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $102,500.00 in 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-00916-UNJ Document 50 Filed 01/27/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ABBEY RAYNER-RUSSELL, )
)
Petitioner, )
) No. 22-916V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 17, 2022, Abbey Rayner-Russell (“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 Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine she received on October 7, 2019. Petition at 1. On December 9, 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 for a SIRVA Table injury.
On December 10, 2024, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 39.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $102,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00916-UNJ Document 50 Filed 01/27/25 Page 4 of 5
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). 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 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 $102,500.00, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Abbey Rayner-Russell: $102,500.00.
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
JULIA M. COLLISON
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-00916-UNJ Document 50 Filed 01/27/25 Page 5 of 5
/s/ Camille M. Collett
CAMILLE M. COLLETT
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) 616-4098
DATED: December 16, 2024
3