VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00927
Package ID: USCOURTS-cofc-1_23-vv-00927
Petitioner: Teresa Jupiter
Filed: 2023-06-20
Decided: 2024-08-19
Vaccine: influenza
Vaccination date: 2021-11-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 76270

AI-assisted case summary:
Teresa Jupiter filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 2, 2021. She stated the vaccine was administered in the United States, her injury had residual effects for more than six months, and she had received no prior award. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Jupiter is entitled to compensation. The respondent concluded that her injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. Subsequently, a ruling on entitlement was issued on April 17, 2024, finding Ms. Jupiter entitled to compensation. On July 15, 2024, the respondent filed a proffer on award of compensation, proposing an award of $75,000 for pain and suffering and $1,270.47 to satisfy a Medicaid lien. Ms. Jupiter agreed with this proffered award. The Chief Special Master issued a decision awarding compensation totaling $76,270.47, consisting of a lump sum of $75,000 for pain and suffering and $1,270.47 for the Medicaid lien, payable jointly to Ms. Jupiter and Optum.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00927-0
Date issued/filed: 2024-05-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/17/2024) 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-00927-UNJ Document 21 Filed 05/20/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-927V
TERESA JUPITER, Chief Special Master Corcoran
Petitioner, Filed: April 17, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Adam N. Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 20, 2023, Teresa Jupiter 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”) following an influenza vaccine administered on November 2,
2021. Petition at 1. Petitioner further alleges that the vaccine was administered within the
United States, that she suffered the residual effects of her injury for more than six months,
and that she has received no award or compensation as a result of her injury. Petition at
1, 3. 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-00927-UNJ Document 21 Filed 05/20/24 Page 2 of 2
On April 12, 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 has concluded that Petitioner’s injury is consistent with a SIRVA
as defined by the Vaccine Injury Table. Id. at 5-6. Respondent further agrees that
Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id.
at 6.
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-00927-1
Date issued/filed: 2024-08-19
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/18/2024) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00927-UNJ Document 30 Filed 08/19/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-927V
TERESA JUPITER, Chief Special Master Corcoran
Petitioner, Filed: July 18, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Adam N. Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 20, 2023, Teresa Jupiter 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”). Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 17, 2024, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On July 15, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $75,000 for pain and
suffering, and $1,270.47 to satisfy a Medicaid lien. 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.
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-00927-UNJ Document 30 Filed 08/19/24 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award the following
compensation:
• A lump sum of $75,000 in the form of a check payable to Petitioner;
and
• A lump sum of $1,270.47, representing compensation for satisfaction
of the State of South Carolina Medicaid lien, in the form of a check
payable jointly to Petitioner and Optum. Petitioner agrees to endorse
the check to Optum and send it to the following address:
Optum
Event No. 94032988
P.O. Box 182643
Columbus, OH 43218
Proffer at 2.
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-00927-UNJ Document 30 Filed 08/19/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TERESA JUPITER, )
)
Petitioner, )
) No. 23-927V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 20, 2023, Teresa Jupiter (“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 November 2, 2021. Petition at 1. On April 12, 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 April
17, 2024 the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 18, 19.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00927-UNJ Document 30 Filed 08/19/24 Page 4 of 5
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of South
Carolina Medicaid lien in the amount of $1270.47, which represents full satisfaction of any right
of subrogation, assignment, claim, lien, or cause of action the State of may have against any
individual as a result of any Medicaid payments the State of State of Carolina 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 alleged vaccine-related injury suffered on or about November 2, 2021
under Title XIX of the Social Security Act. Petitioner agrees.
The above 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
Respondent recommends that the compensation provided to petitioner should be made
through two lump sum payments 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 $75,000.00 in the form of a check payable to petitioner; and
B. A lump sum payment of $1,270.47, representing compensation for satisfaction of the
State of South Carolina Medicaid lien, in the form of a check payable jointly to
petitioner and Optum.
Petitioner agrees to endorse the check to Optum for satisfaction of the Medicaid lien and
send it to the following address:
Optum
Event No. 94032988
P.O. Box 182643
Columbus, OH 43218
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-00927-UNJ Document 30 Filed 08/19/24 Page 5 of 5
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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/ Adam N. Muffett
ADAM N. MUFFETT
Trial Attorney
U.S. Department of Justice
Torts Branch, Civil Division
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-2895
Adam.muffett@usdoj.gov
Date: July 15, 2024
3