VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00421
Package ID: USCOURTS-cofc-1_23-vv-00421
Petitioner: Cara Fowler
Filed: 2023-03-27
Decided: 2024-09-25
Vaccine: influenza
Vaccination date: 2020-10-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 105291

AI-assisted case summary:
Cara Fowler filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 7, 2020. The respondent conceded that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. A Ruling on Entitlement was issued on March 18, 2024, finding Petitioner entitled to compensation. Subsequently, on August 19, 2024, the respondent filed a Proffer on award of compensation, which Petitioner agreed with. The decision on damages, issued on September 25, 2024, awarded Cara Fowler a total of $105,291.37. This amount included $105,000.00 for pain and suffering and $291.37 to satisfy a Medicaid lien. The award was made as a lump sum payment to Petitioner.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00421-0
Date issued/filed: 2024-04-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/18/2024) regarding 19 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00421-UNJ Document 21 Filed 04/23/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0421V
CARA FOWLER, Chief Special Master Corcoran
Petitioner,
v. Filed: March 18, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 27, 2023, Cara Fowler 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”) as the result of an influenza (“flu”) vaccine received on October
7, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On March 18, 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 alleged injury is consistent with
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-00421-UNJ Document 21 Filed 04/23/24 Page 2 of 2
SIRVA as defined by the Vaccine Injury Table. Id. at 4 (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-00421-1
Date issued/filed: 2024-09-25
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/19/2024) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00421-UNJ Document 28 Filed 09/25/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0421V
CARA FOWLER, Chief Special Master Corcoran
Petitioner,
v. Filed: August 19, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On March 27, 2023, Cara Fowler 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 shoulder injury related to vaccine
administration (“SIRVA”) as the result of an influenza (“flu”) vaccine received on October
7, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On March 18, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On August 19, 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-00421-UNJ Document 28 Filed 09/25/24 Page 2 of 5
Pursuant to the terms stated in the Proffer, I award the following compensation:
A. A lump sum of $105,000.00 (for pain and suffering) in the form of a check
payable to Petitioner.
B. A lump sum of $291.37, representing compensation for the satisfaction
of the Ohio Department of Medicaid lien, in the form of a check payable
jointly to Petitioner and:
Ohio Tort Recovery Unit
5475 Rings Road, Suite 125
Dublin, OH 43017
Case No.: 1261849
Petitioner agrees to endorse the check to the above payee for satisfaction
of the Medicaid lien.
Proffer at 2 - 3. These amounts 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-00421-UNJ Document 28 Filed 09/25/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CARA FOWLER,
Petitioner,
v. No. 23-421V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 27, 2023, Cara Fowler (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the
Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging that she suffered a right-sided shoulder injury
related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, following
administration of an influenza (“flu”) vaccination that she received on October 7, 2020. ECF
No. 1 at 1. On March 18, 2024, respondent filed a Rule 4(c) Report, recommending that
compensation be awarded. ECF No. 18. That same day, Chief Special Master Corcoran issued a
Ruling on Entitlement, agreeing with respondent that petitioner is entitled to compensation. ECF
No. 19.
I. Items of Compensation
a. Pain and Suffering
Respondent proffers that petitioner should be awarded $105,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00421-UNJ Document 28 Filed 09/25/24 Page 4 of 5
b. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the Ohio
Department of Medicaid Lien in the amount of $291.37, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action that the Ohio Department of
Medicaid may have against any individual as a result of any payments the Ohio Department of
Medicaid has made to or on behalf of petitioner from the date of her eligibility for benefits
through the date of judgment in this case as a result of her vaccine-related injury suffered on or
about October 7, 2020, under Title XIX of the Social Security Act.
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
one 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. A lump sum payment of $105,000.00, in the form of a check payable to
petitioner; and
b. A lump sum payment of $291.37, representing compensation for the satisfaction
of the Ohio Department of Medicaid lien, in the form of a check payable jointly to
petitioner and:
Ohio Tort Recovery Unit
5475 Rings Road Suite 125
Dublin, OH 43017
Case No.: 1261849
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-00421-UNJ Document 28 Filed 09/25/24 Page 5 of 5
Petitioner agrees to endorse the check to the above payee for satisfaction of the
Medicaid lien.
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/ Joseph Leavitt
JOSEPH D. LEAVITT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
Email: joseph.leavitt@usdoj.gov
Dated: August 19, 2024
3