VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00881 Package ID: USCOURTS-cofc-1_23-vv-00881 Petitioner: Anna Thompson Filed: 2023-06-12 Decided: 2025-10-28 Vaccine: influenza Vaccination date: 2021-10-26 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60345.54 AI-assisted case summary: On June 12, 2023, Anna Thompson filed a petition alleging that an influenza vaccine administered on October 26, 2021 caused a shoulder injury related to vaccine administration. The public materials identify her as an adult petitioner but do not state her exact age. Respondent conceded entitlement in a Rule 4(c) report, agreeing that Ms. Thompson's injury was consistent with SIRVA under the Vaccine Injury Table and that she had satisfied the legal prerequisites for compensation. Chief Special Master Corcoran granted entitlement on July 26, 2024. Damages were not resolved informally. Ms. Thompson sought $80,000.00 for pain and suffering, while respondent recommended $42,500.00. After a Motions Day hearing, the Chief Special Master awarded $60,345.54 on October 28, 2025: $58,000.00 for actual pain and suffering and $2,345.54 for past unreimbursable expenses, payable through counsel's IOLTA account. The short public damages decision refers to the complete record and oral ruling but does not set out a detailed treatment chronology. Theory of causation field: Adult petitioner; influenza vaccine October 26, 2021; SIRVA. COMPENSATED. Respondent conceded Table SIRVA in Rule 4(c); entitlement granted July 26, 2024. Damages contested: petitioner sought $80,000 pain/suffering; respondent recommended $42,500. Award October 28, 2025: $60,345.54 ($58,000 pain/suffering + $2,345.54 past unreimbursed expenses). Petition filed June 12, 2023. CSM Corcoran. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00881-0 Date issued/filed: 2024-08-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/26/2024) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00881-UNJ Document 33 Filed 08/26/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-881V ANNA THOMPSON, Chief Special Master Corcoran Petitioner, Filed: July 26, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew B. Vianello, Jacobson Press, P.C., Clayton, MO, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 12, 2023, Anna Thompson (“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 an influenza (“flu”) vaccination on October 26, 2021. 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. On July 26, 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. 30. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is 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-00881-UNJ Document 33 Filed 08/26/24 Page 2 of 2 consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent does not dispute 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-00881-1 Date issued/filed: 2025-12-04 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/28/2025) regarding 42 DECISION of Special Master Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00881-UNJ Document 52 Filed 12/04/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-881V ANNA THOMPSON, Chief Special Master Corcoran Petitioner, Filed: October 28, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew B. Vianello, Jacobson Press P.C., Clayton, MO, for Petitioner. Rochelle Ilana Gillenson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 12, 2023, Anna Thompson 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 her receipt of an influenza (“flu”) vaccine on October 26, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. Because the parties could not informally resolve the issue of damages, they were ordered to file briefs setting forth their respective arguments and were notified that I would resolve this dispute via an expedited “Motions Day” hearing, which ultimately took place on October 24, 2025. 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-00881-UNJ Document 52 Filed 12/04/25 Page 2 of 2 Petitioner seeks an award of $80,000.00 in compensation for Petitioner’s actual pain and suffering. Respondent recommends an award of $42,500.00. After listening to the arguments of both sides, I issued an oral ruling on damages constituting my findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A), at the conclusion of the October 24, 2025 hearing. An official recording of the proceeding was taken by a court reporter, although a transcript has not yet been filed in this matter. I hereby fully adopt and incorporate that oral ruling as officially recorded. As discussed during my oral ruling, in another recent decision I discussed at length the legal standard to be considered in determining damages and prior SIRVA compensation within SPU. I fully adopt and hereby incorporate my prior discussion in Sections I and II of Timberlake v. Sec'y of Health & Hum. Servs., No. 20-1905V, 2025 WL 721730 at *1 – 3 (Fed. Cl. Spec. Mstr. Feb. 19, 2025) to the instant ruling and decision. Additionally, the official recording of my oral ruling includes my discussion of various comparable cases as well as specific facts relating to Petitioner’s medical history and experience that further informed my decision awarding damages herein. Based on my consideration of the complete record as a whole and for the reasons discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $58,000.00 represents a fair and appropriate amount of compensation for Petitioner’s actual pain and suffering.3 I also find that Petitioner is entitled to $2,345.54 in actual unreimbursable expenses. Accordingly, I award Petitioner a lump sum payment of $60,345.54 be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. The Clerk of Court is directed to enter judgment in accordance with this Decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96- 0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health & Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)). 4 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