VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00097
Package ID: USCOURTS-cofc-1_23-vv-00097
Petitioner: Jessica Joyce
Filed: 2023-01-25
Decided: 2024-09-16
Vaccine: influenza
Vaccination date: 2022-01-12
Condition: left-sided shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 118153

AI-assisted case summary:
Jessica Joyce filed a petition for compensation under the National Vaccine Injury Compensation Program on January 25, 2023, alleging a left-sided shoulder injury related to vaccine administration, also known as SIRVA, following an influenza vaccine received on January 12, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 1, 2023, conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. On December 4, 2023, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Jessica Joyce entitled to compensation. Subsequently, on August 14, 2024, the respondent filed a Proffer on award of compensation, stating that Petitioner agreed with the proffered award. Chief Special Master Corcoran issued a Decision on Damages on September 16, 2024, awarding Jessica Joyce a total of $118,153.56. This award comprised a lump sum of $107,500.00 for pain and suffering, $8,972.81 for lost earnings, and $1,680.75 for past unreimbursable expenses, payable to Petitioner by check. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and the respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jessica Joyce alleged a left-sided shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on January 12, 2022. The respondent conceded that the injury was consistent with SIRVA, a "Table injury" as defined by 42 C.F.R. §§ 100.3(a), (c)(10), and that Petitioner met all legal prerequisites for compensation. The public text does not detail the specific mechanism of injury, expert testimony, or competing medical theories. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 4, 2023, finding Petitioner entitled to compensation. On August 14, 2024, a Proffer on award of compensation was filed, which Petitioner agreed to. On September 16, 2024, Chief Special Master Corcoran awarded Petitioner a total of $118,153.56, consisting of $107,500.00 for pain and suffering, $8,972.81 for lost earnings, and $1,680.75 for past unreimbursable expenses. Petitioner was represented by Maximillian J. Muller (Muller Brazil, LLP), and Respondent was represented by Voris Edward Johnson (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00097-0
Date issued/filed: 2024-01-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/04/2023) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00097-UNJ Document 24 Filed 01/04/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0097V
JESSICA JOYCE, Chief Special Master Corcoran
Petitioner,
v. Filed: December 4, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 25, 2023, Jessica Joyce 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 left-sided shoulder injury related to
vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccine received on
January 12, 2022. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
1 Because this unpublished 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 1:23-vv-00097-UNJ Document 24 Filed 01/04/24 Page 2 of 2
On December 1, 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 agrees that Petitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table. Id. (citing 42 C.F.R. §§ 100.3(a), (c)(10)).
Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine 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_23-vv-00097-1
Date issued/filed: 2024-09-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/14/2024) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00097-UNJ Document 45 Filed 09/16/24 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0097V
JESSICA JOYCE, Chief Special Master Corcoran
Petitioner,
v. Filed: August 14, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On January 25, 2023, Jessica Joyce 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 alleged that she suffered a left-sided shoulder injury related to
vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccine received on
January 12, 2022. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On December 4, 2023, a Ruling on Entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On August 14, 2024, Respondent filed a Proffer on
award of compensation (“Proffer”). Respondent represented that Petitioner agrees with
the proffered award. Id. at 1 – 2. 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 1:23-vv-00097-UNJ Document 45 Filed 09/16/24 Page 2 of 4
Pursuant to the terms stated in the Proffer, I award the following compensation:
A lump sum of $118,153.56 (representing $107,500.00 for pain and suffering,
$8,972.81 for lost earnings, and $1,680.75 for past unreimbursable expenses) in the
form of a check payable to Petitioner. Proffer at 1. This amount represents
compensation for all damages that would be available under Section 15(a). Id.
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 1:23-vv-00097-UNJ Document 45 Filed 09/16/24 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
JESSICA JOYCE, )
)
Petitioner, )
) No. 23-97V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On December 1, 2023, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report conceding entitlement to compensation in this matter alleging a left shoulder
injury related to vaccine administration (“SIRVA”) following an intramuscular influenza
vaccination, a Table injury. ECF Doc. 21. On December 4, 2023, the Court entered its Ruling
on Entitlement, finding petitioner Jessica Joyce entitled to Vaccine Act compensation. ECF Doc.
22. Respondent now proffers that petitioner receive a compensation award consisting of a lump
sum of $118,153.56, which amount includes $107,500.00 for pain and suffering, $8,972.81 in
lost earnings, and $1,680.75 for past unreimbursed expenses, in the form of a check payable to
petitioner, Jessica Joyce.1 This amount represents compensation for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.2
1 Petitioner is a competent adult. No guardianship is required.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.

Case 1:23-vv-00097-UNJ Document 45 Filed 09/16/24 Page 4 of 4
Petitioner agrees with the proffered award of $118,153.56.3
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/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Assistant Director
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct Dial: 202-616-3667
Email: Voris.Johnson@usdoj.gov
Date: August 14, 2024
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
2