VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00234
Package ID: USCOURTS-cofc-1_23-vv-00234
Petitioner: Rivkalaia Rokeach
Filed: 2023-02-16
Decided: 2024-04-15
Vaccine: influenza
Vaccination date: 2021-10-04
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 77893

AI-assisted case summary:
Rivkalaia Rokeach, an adult, received an influenza vaccine on October 4, 2021. Within 48 hours, she developed left shoulder pain and was diagnosed with shoulder injury related to vaccine administration (SIRVA). She alleged that her symptoms lasted for more than six months and that she had no prior history of shoulder issues. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that her pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that her condition persisted for more than six months and that she met all legal prerequisites for compensation. The case proceeded as a Table claim, and the parties stipulated to damages. Chief Special Master Corcoran awarded Rivkalaia Rokeach a total of $77,893.66, comprising $77,500.00 for pain and suffering and $393.66 for past unreimbursable expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00234-0
Date issued/filed: 2024-03-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/15/2024) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00234-UNJ Document 31 Filed 03/18/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0234V
RIVKALAIA ROKEACH, Chief Special Master Corcoran
Petitioner, Filed: February 15, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 16, 2023, Rivkalaia Rokeach 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 shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on October
4, 2021. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, her symptoms lasted for more than six months, and neither Petitioner, nor
any other party, has ever filed an action or received compensation in the form of an award
or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 20-22; Ex. 1. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2018).

Case 1:23-vv-00234-UNJ Document 31 Filed 03/18/24 Page 2 of 2
On February 14, 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. Specifically, Respondent agrees that Petitioner’s injury is consistent with SIRVA as
defined by the Vaccine Injury Table in that “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 6. Respondent further agrees that based on the
record Petitioner suffered the residual effects of her condition for more than six months
and 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_23-vv-00234-1
Date issued/filed: 2024-04-15
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/14/2024) regarding 28 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00234-UNJ Document 33 Filed 04/15/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0234V
RIVKALAIA ROKEACH, Chief Special Master Corcoran
Petitioner, Filed: March 14, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Shelly Jock, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 16, 2023, Rivkalaia Rokeach 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 shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on October
4, 2021. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, her symptoms lasted for more than six months, and neither Petitioner, nor
any other party, has ever filed an action or received compensation in the form of an award
or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 20-22; Ex. 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 15, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 14, 2024, Respondent filed a proffer 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 1:23-vv-00234-UNJ Document 33 Filed 04/15/24 Page 2 of 5
award of compensation (“Proffer”) indicating Petitioner should be awarded $77,893.66.
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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $77,893.66 (comprised of $77,500.00 in pain and suffering and
$393.66 for 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

Case 1:23-vv-00234-UNJ Document 33 Filed 04/15/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RIVKALAIA ROKEACH, )
)
Petitioner, )
) No. 23-234V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 16, 2023, Rivkalaia Rokeach (“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 Table shoulder injury related to vaccine
administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on October
4, 2021. Petition at 1. On February 14, 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, and on February 15, 2024, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
No. 23; ECF No. 24.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $77,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00234-UNJ Document 33 Filed 04/15/24 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 $393.66. See 42 U.S.C. § 300aa-
15(a)(1)(B). 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 following:1 a lump sum payment of $77,893.66 in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Rivkalaia Rokeach : $77,893.66
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
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-00234-UNJ Document 33 Filed 04/15/24 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Shelly Jock
SHELLY JOCK
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) 305-3155
shellyjock@usdoj.gov
DATED: March 14, 2024
3