VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00180
Package ID: USCOURTS-cofc-1_23-vv-00180
Petitioner: Karen McLaughlin
Filed: 2023-02-08
Decided: 2024-10-28
Vaccine: influenza
Vaccination date: 2021-10-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55087

AI-assisted case summary:
Karen McLaughlin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on October 13, 2021. The respondent conceded that her injury was consistent with SIRVA, noting that she had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, and the symptoms were limited to the affected shoulder. The respondent also agreed that her symptoms persisted for more than six months. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $55,087.70, which included $50,000.00 for pain and suffering, $616.56 for past unreimbursable expenses, and $4,471.14 for past lost wages. Petitioner agreed with this award. The court awarded Karen McLaughlin a lump sum payment of $55,087.70.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_23-vv-00180-0
Date issued/filed: 2024-02-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/03/2024) regarding 16 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00180-UNJ Document 18 Filed 02/05/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-180V
KAREN MCLAUGHLIN, Chief Special Master Corcoran
Petitioner, Filed: January 3, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 8, 2023, Karen McLaughlin 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”) resulting from the influenza (“flu”) vaccination received on
October 13, 2021. Petition at 1. Petitioner further alleges that the vaccination was
administered within the United States, her symptoms persisted for more than six months,
and neither she, nor any other party, has ever filed any action or received compensation
in the form of an award or settlement for her vaccine-related injury.” Petition at 1-2. 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 1:23-vv-00180-UNJ Document 18 Filed 02/05/24 Page 2 of 2
On December 5, 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.” Id. at 4. Specifically, Respondent determined that
“[P]etitioner had no 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 and reduced range of motion were 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. Respondent further agrees that Petitioner suffered the
residual effects of her 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_23-vv-00180-1
Date issued/filed: 2024-10-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/27/2024) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00180-UNJ Document 32 Filed 10/28/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-180V
KAREN MCLAUGHLIN, Chief Special Master Corcoran
Petitioner, Filed: September 27, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sarah C. Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 8, 2023, Karen McLaughlin 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 shoulder injury related to
vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on
October 13, 2021. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On January 3, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On September 26, 2024, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $55,087.70,
representing $50,000.00 in actual pain and suffering, $616.56 for past unreimbursable
expenses, and $4,471.14 in past lost wages. Proffer at 1-2. In the Proffer, Respondent
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-00180-UNJ Document 32 Filed 10/28/24 Page 2 of 5
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $55,087.70 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 1:23-vv-00180-UNJ Document 32 Filed 10/28/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KAREN MCLAUGHLIN, )
)
Petitioner, )
) No. 23-180V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 8, 2023, Karen McLaughlin (“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 right Table shoulder injury related to
vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on
October 13, 2021. Petition at 1. On December 5, 2023, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded
for SIRVA, and the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation on January 3, 2024. ECF No. 15; ECF No. 16.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 in actual pain and
suffering. Petitioner agrees.

Case 1:23-vv-00180-UNJ Document 32 Filed 10/28/24 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $616.56. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $4,471.14. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
These amounts represent 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 $55,087.70, representing
compensation for pain and suffering ($50,000.00), past unreimbursable expenses ($616.56), and
past lost wages ($4,471.14), in the form of a check payable to petitioner, Karen McLaughlin.
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 1:23-vv-00180-UNJ Document 32 Filed 10/28/24 Page 5 of 5
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Karen McLaughlin: $55,087.70
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
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
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) 514-9729
Email: sarah.c.duncan@usdoj.gov
DATED: September 26, 2024
3