VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00259
Package ID: USCOURTS-cofc-1_23-vv-00259
Petitioner: Andrea Walker
Filed: 2023-02-22
Decided: 2024-06-17
Vaccine: influenza
Vaccination date: 2021-10-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45132

AI-assisted case summary:
Andrea Walker filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 14, 2021. She claimed the SIRVA occurred within 48 hours of the vaccination, persisted for more than six months, and was administered in the United States. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation in a Rule 4(c) report, stating that Ms. Walker had no prior shoulder issues, the pain began within 48 hours post-vaccination, was localized to the injection site, and no other condition explained the pain. The Chief Special Master issued a ruling on entitlement based on this concession. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $45,132.06, which included $45,000.00 for pain and suffering and $132.06 for past unreimbursable expenses. Ms. Walker agreed with this proffered award. The Chief Special Master issued a decision awarding the stipulated amount, concluding the case.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00259-0
Date issued/filed: 2024-04-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/28/2024) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00259-UNJ Document 32 Filed 04/29/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-259V
ANDREA WALKER, Chief Special Master Corcoran
Petitioner, Filed: March 28, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Catherine W. Costigan, Maglio, Christopher & Toale, Washington, DC, for Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 22, 2023, Andrea Walker 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”) after receiving an influenza (“flu”) vaccination on October 14,
2021. Petition at 1. Petitioner further alleges she suffered a SIRVA within forty-eight hours
after the administration of her flu vaccination and that her continued shoulder problems
are a sequela of her SIRVA injury, that her SIRVA persisted for more than six months,
that the vaccination was administered in within the United States, and that neither she,
nor any other party, has every filed any action or received compensation in the form of an
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-00259-UNJ Document 32 Filed 04/29/24 Page 2 of 2
award or settlement for Petitioner’s vaccine-related injury. Petition at 5. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 28, 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 states 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 4. Respondent further agrees that Petitioner
suffered the residual effects of her condition for more than six months and therefore,
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_23-vv-00259-1
Date issued/filed: 2024-06-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/16/2024) regarding 35 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00259-UNJ Document 42 Filed 06/17/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-259V
ANDREA WALKER, Chief Special Master Corcoran
Petitioner, Filed: May 16, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Catherine W. Costigan, Maglio, Christopher & Toale, Washington, DC, for Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 22, 2023, Andrea Walker 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”) after receiving an influenza (“flu”) vaccination on October 14,
2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On March 28, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On May 15, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $45,132.06. Proffer
at 2. This amount is comprised of $45,000.00 in pain and suffering damages and $132.06
for past unreimbursable expenses. Id. In the Proffer, Respondent represented that
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-00259-UNJ Document 42 Filed 06/17/24 Page 2 of 5
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 $45,132.06 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-00259-UNJ Document 42 Filed 06/17/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANDREA WALKER,
Petitioner,
No. 23-259V
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 22, 2023, Andrea Walker (“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 she received on
October 14, 2021. Petition at 1. On March 28, 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 March 28, 2024, the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
ECF No. 28; ECF No. 29.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $45,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:23-vv-00259-UNJ Document 42 Filed 06/17/24 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 $132.06. See 42 U.S.C. § 300aa-
15(a)(1)(B). 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
lump sum payments as described below and requests that the Special Master’s decision and the
Court’s judgment award the following1:
A. A lump sum payment of $45,132.06, in the form of a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
A. Lump sum payable to petitioner, Andrea Walker $45,132.06
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 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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:23-vv-00259-UNJ Document 42 Filed 06/17/24 Page 5 of 5
/s/ Neil Bhargava
NEIL BHARGAVA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-3989
Date: May 15, 2024 neil.bhargava@usdoj.gov
3