VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00864
Package ID: USCOURTS-cofc-1_23-vv-00864
Petitioner: Judy McMahon
Filed: 2023-06-09
Decided: 2024-11-22
Vaccine: influenza
Vaccination date: 2021-09-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 87912

AI-assisted case summary:
Judy McMahon 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 September 13, 2021. The respondent initially contested the case but later filed an amended report stating they would not continue to defend it. The Chief Special Master reviewed the evidence and found that Petitioner had established an injury consistent with SIRVA, which is a Table injury. Based on the respondent's position and the evidence, entitlement to compensation was granted. Subsequently, a decision on damages was issued. The respondent filed a Proffer on award of compensation, which Petitioner agreed to. The court awarded Judy McMahon a lump sum of $87,912.76, which included $87,500.00 for pain and suffering and $412.76 for past unreimbursable expenses. This amount represented all damages available under the program.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00864-0
Date issued/filed: 2024-10-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/11/2024) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00864-UNJ Document 26 Filed 10/17/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0864V
JUDY MCMAHON, Chief Special Master Corcoran
Petitioner,
v. Filed: September 11, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 9, 2023, Judy McMahon filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the
1
“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
September 13, 2021. Petition (ECF No. 1). The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On July 25, 2024, I concluded that the at-issue vaccine was most likely
administered in Petitioner’s right arm, as alleged. Findings of Fact and Conclusions of
Law (ECF No. 20). That review of the evidence is fully incorporated and relied upon
herein.
On September 4, 2024, Respondent filed an amended Rule 4(c) report, in which
Respondent advised that he will not continue to defend this case during further
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.

Case 1:23-vv-00864-UNJ Document 26 Filed 10/17/24 Page 2 of 2
proceedings on entitlement before the Office of Special Masters, and Respondent
requests a ruling on the record regarding Petitioner’s entitlement to compensation.
Amended Rule 4(c) Report (ECF No. 22) at 1, 5.
Based on the lack of any other objections from Respondent and my independent
review of the evidence, Petitioner has preponderantly established an injury which is
consistent with SIRVA as defined by the Vaccine Injury Table. 42 C.F.R. §§ 100.3(a),
(c)(10)). Petitioner has satisfied all other legal prerequisites for compensation under the
Vaccine Act. Section 13(a)(1)(B); Section 11(c)(1)(D)(i).
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-00864-1
Date issued/filed: 2024-11-22
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/23/2024) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00864-UNJ Document 32 Filed 11/22/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0864V
JUDY MCMAHON, Chief Special Master Corcoran
Petitioner,
v. Filed: October 23, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On June 9, 2023, Judy McMahon filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the
1
“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
September 13, 2021. Petition (ECF No. 1). The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 11, 2024, a Ruling on Entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On October 21, 2024, Respondent filed a Proffer
on award of compensation (“Proffer”). Respondent represented that Petitioner agrees
with the proffered award. Id. at 2. 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 Proffer, I award the following compensation:
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.

Case 1:23-vv-00864-UNJ Document 32 Filed 11/22/24 Page 2 of 5
A lump sum of $87,912.76 (representing $87,500.00 for pain and suffering,
and $412.76 for past unreimbursable expenses) in the form of a check payable to
Petitioner. Proffer at 2. This amount represents 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.2
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2 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-00864-UNJ Document 32 Filed 11/22/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JUDY MCMAHON,
Petitioner,
No. 23-864V
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON DAMAGES
On June 9, 2023, Judy McMahon (“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 March 3,
2022. Petition at 1. On May 15, 2024, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report arguing that this case was not appropriate for
compensation. ECF No. 19. On July 25, 2024, the Chief Special Master issued Findings of Fact
and Conclusions of Law in favor of petitioner. ECF No. 20. On September 4, 2024, respondent
filed an Amended Rule 4(c) Report declining to continue to defend and requesting a ruling on
entitlement. ECF No. 22. On September 11, 2024, the Chief Special Master issued a Ruling on
Entitlement finding petitioner was entitled to compensation. ECF No. 23.1
1 Respondent maintains his right to seek review of the Findings of Fact and Conclusions of Law
and the Ruling on Entitlement.
1

Case 1:23-vv-00864-UNJ Document 32 Filed 11/22/24 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $87,500.00 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
related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $412.76. 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 following2: a lump sum payment of $87,912.76 in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Judy McMahon: $87,912.76
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
2 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-00864-UNJ Document 32 Filed 11/22/24 Page 5 of 5
C.SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
/s/ Mary Novakovic
MARY NOVAKOVIC
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) 616-2879
Date: October 21, 2024 Email: Mary.E.Novakovic@usdoj.gov
3