VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00497
Package ID: USCOURTS-cofc-1_23-vv-00497
Petitioner: Muriel J. Lyons
Filed: 2024-02-29
Decided: 2024-05-06
Vaccine: influenza
Vaccination date: 2020-12-16
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 155000

AI-assisted case summary:
Muriel J. Lyons filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on December 16, 2020. She alleged that the vaccine was administered in the United States, her SIRVA persisted for more than six months, and 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 forty-eight hours after vaccination, was limited to the shoulder of injection, and no other condition explained the pain. The respondent also agreed that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Muriel J. Lyons entitled to compensation. Subsequently, the parties stipulated to an award. The court awarded Muriel J. Lyons a lump sum payment of $155,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00497-0
Date issued/filed: 2024-04-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/29/2024 ) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00497-UNJ Document 28 Filed 04/08/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0497V
MURIEL J. LYONS, Chief Special Master Corcoran
Petitioner, Filed: February 29, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Miriam A. Johnson, Berman & Simmons, P.A., Lewiston, ME, for Petitioner.
Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 12, 2023, Muriel J. Lyons filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On December 6, 2023, Petitioner filed an amended petition. Petitioner
alleges that she suffered a left shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza vaccine received on December 16, 2020. Amended Petition
at 1. Petitioner further alleges that the vaccine was administered in the United States, her
SIRVA persisted for more than six months, and neither Petitioner, 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. Amended Petition at ¶¶ 2, 22-24. 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-00497-UNJ Document 28 Filed 04/08/24 Page 2 of 2
On February 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 agrees that Petitioner’s alleged 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
forty-eight 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 8. Respondent further
agrees that that the records demonstrate that Petitioner suffered the residual effects of
her condition for more than six months and 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-00497-1
Date issued/filed: 2024-05-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/04/2024) regarding 26 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00497-UNJ Document 34 Filed 05/06/24 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0497V
MURIEL J. LYONS, Chief Special Master Corcoran
Petitioner, Filed: April 4, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Miriam A. Johnson, Berman & Simmons, P.A., Lewiston, ME, for Petitioner.
Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 12, 2023, Muriel J. Lyons filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On December 6, 2023, Petitioner filed an amended petition. Petitioner
alleges that she suffered a left shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza vaccine received on December 16, 2020. Amended Petition
at 1. Petitioner further alleges that the vaccine was administered in the United States, her
SIRVA persisted for more than six months, and neither Petitioner, 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. Amended Petition at ¶¶ 2, 22-24. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On February 29, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On April 3, 2024, Respondent filed a proffer on award
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-00497-UNJ Document 34 Filed 05/06/24 Page 2 of 4
of compensation (“Proffer”) indicating Petitioner should be awarded $155,000.00. Proffer
at 1-2. 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 $155,000.00 (in pain and suffering) 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-00497-UNJ Document 34 Filed 05/06/24 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MURIEL LYONS, )
)
Petitioner, )
) No. 23-497V
v. ) Chief Special Master Corcoran (SPU)
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 12, 2023, Muriel Lyons (“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 Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine she received on December 16, 2020. Petition at 1. On February 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
February 29, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 20; ECF No. 21.
I. Items of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $155,000.00 in pain and suffering.
This amount represents all compensation to which petitioner is entitled under 42 U.S.C. § 300aa-
15(a). Petitioner agrees.

Case 1:23-vv-00497-UNJ Document 34 Filed 05/06/24 Page 4 of 4
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 $155,000.00, in the form of
a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Muriel Lyons: $155,000.00
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/ Eleanor A. Hanson
ELEANOR A. HANSON
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 305-1110
Eleanor.Hanson@usdoj.gov
DATED: April 3, 2024
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