VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00847
Package ID: USCOURTS-cofc-1_23-vv-00847
Petitioner: Juha Oh
Filed: 2024-06-04
Decided: 2024-07-10
Vaccine: influenza
Vaccination date: 2022-03-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45374

AI-assisted case summary:
Juha Oh filed a petition for compensation under the National Vaccine Injury Compensation Program on June 7, 2023. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving influenza and tetanus, diphtheria, acellular pertussis (Tdap) vaccinations on March 28, 2022. Petitioner further alleged that she suffered the residual effects of her injury for more than six months. The respondent filed a Rule 4(c) report on May 20, 2024, conceding that Petitioner is entitled to compensation. The respondent specifically indicated 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. On June 4, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation. Subsequently, on May 29, 2024, the respondent filed a Proffer on award of compensation, indicating that Petitioner should be awarded $45,000.00 for pain and suffering and $374.23 for past unreimbursable expenses. The Petitioner agreed with the proffered award. Chief Special Master Brian H. Corcoran issued a decision on July 10, 2024, awarding Juha Oh a total of $45,374.23, consisting of $45,000.00 for pain and suffering and $374.23 for past unreimbursable expenses, to be paid as a lump sum check payable to Petitioner. Petitioner was represented by William E. Cochran, Jr. of Black McLaren Jones Ryland & Griffee, P.C., and the respondent was represented by Joseph Douglas Leavitt of the U.S. Department of Justice.

Theory of causation field:
Petitioner Juha Oh alleged a shoulder injury related to vaccine administration (SIRVA) following influenza and Tdap vaccinations on March 28, 2022. The injury allegedly caused sequelae lasting more than six months. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner satisfied all legal prerequisites for compensation. The case proceeded as a Table claim. The parties stipulated to an award. Chief Special Master Brian H. Corcoran awarded Petitioner $45,374.23, comprising $45,000.00 for pain and suffering and $374.23 for past unreimbursable expenses. Petitioner was represented by William E. Cochran, Jr., and respondent was represented by Joseph Douglas Leavitt. The decision was issued on July 10, 2024.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00847-0
Date issued/filed: 2024-07-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/04/2024) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00847-UNJ Document 29 Filed 07/09/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-847V
JUHA OH, Chief Special Master Corcoran
Petitioner, Filed: June 4, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for
Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 7, 2023, Juha Oh (“Petitioner”) 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 from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving either the influenza (“flu”) or
tetanus, diphtheria, acellular pertussis (“Tdap”) vaccinations on March 28, 2022. Pet.,
ECF No. 1. Petitioner further alleges that she suffered the residual effects of her injury for
more than six months. Id. 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-00847-UNJ Document 29 Filed 07/09/24 Page 2 of 2
On May 20, 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,
ECF No. 20. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent
agrees that 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-00847-1
Date issued/filed: 2024-07-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/04/2024) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00847-UNJ Document 30 Filed 07/10/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-847V
JUHA OH, Chief Special Master Corcoran
Petitioner, Filed: June 4, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for
Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 7, 2023, Juha Oh 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 a result of an influenza (“flu”) and tetanus, diphtheria,
acellular pertussis (“Tdap”) vaccinations administered to her on March 28, 2022. Pet.,
ECF No. 1. Petitioner further alleges that the vaccine was received in the United States,
she suffered sequela of her injury for more than six months, and neither Petitioner nor
any other party has ever received compensation in the form of an award or settlement for
her vaccine-related injury. Id. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
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-00847-UNJ Document 30 Filed 07/10/24 Page 2 of 5
On June 4, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. ECF No. 22. Prior to that, on May 29, 2024, Respondent
filed a Proffer on award of compensation (“Proffer”) indicating Petitioner should be
awarded $45,000.00 in pain and suffering and $374.23 in past unreimbursable expenses.
Proffer at 1-2, ECF No. 21. In the Proffer, Respondent represented that Petitioner agrees
with the proffered award. See 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 $45,374.23 for pain and suffering and 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-00847-UNJ Document 30 Filed 07/10/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JUHA OH,
Petitioner,
v. No. 23-847V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 7, 2023, Juha Oh (“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 left-sided shoulder injury related to
vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, following the
administration of influenza (“flu”) and tetanus, diphtheria, and acellular pertussis (“Tdap”)
vaccines on March 28, 2022. ECF No. 1 at 1. On May 20, 2024, respondent filed a Rule 4(c)
Report, recommending that compensation be awarded. ECF No. 20.
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.
b. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses pertaining to her vaccine-related injury. Respondent proffers that petitioner should be

Case 1:23-vv-00847-UNJ Document 30 Filed 07/10/24 Page 4 of 5
awarded past unreimbursable expenses in the total amount of $374.23. 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
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
One lump sum payment of $45,374.23, in the form of a check payable to petitioner
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
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-00847-UNJ Document 30 Filed 07/10/24 Page 5 of 5
/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: May 29, 2024
3