VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01773
Package ID: USCOURTS-cofc-1_23-vv-01773
Petitioner: Carol French
Filed: 2023-10-10
Decided: 2024-09-06
Vaccine: influenza
Vaccination date: 2021-09-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Carol French filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on September 12, 2021. She stated that the vaccine was administered in the United States, her symptoms persisted for more than six months, and she had not previously received compensation or filed a civil suit for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. French was entitled to compensation. The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was localized to the injection site, and no other condition could explain the pain. The respondent also confirmed that her symptoms lasted over six months and she met all other legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. French entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $45,000.00 for pain and suffering, which Ms. French agreed to. The court awarded her this lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-01773-0
Date issued/filed: 2024-08-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/12/2024) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-01773-UNJ Document 32 Filed 08/13/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1773V
CAROL FRENCH, Chief Special Master Corcoran
Petitioner, Filed: July 12, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 10, 2023, Carol French 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”) resulting from an influenza vaccine received on September 12,
2021. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, her symptoms continued for more than six months, and she has never
received compensation in the form of an award or settlement, or filed a civil suit prior to
this petition, for her vaccine-related injury. Petition at ¶¶ 1, 30, 31. 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-01773-UNJ Document 32 Filed 08/13/24 Page 2 of 2
On July 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 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
48 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 4. Respondent further agrees 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-01773-1
Date issued/filed: 2024-09-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/05/2024) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-01773-UNJ Document 33 Filed 09/06/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1773V
CAROL FRENCH, Chief Special Master Corcoran
Petitioner, Filed: August 5, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 10, 2023, Carol French 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”) resulting from an influenza vaccine received on September 12,
2021. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, her symptoms continued for more than six months, and she has never
received compensation in the form of an award or settlement, or filed a civil suit prior to
this petition, for her vaccine-related injury. Petition at ¶¶ 1, 30, 31. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On July 12, 2024, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 5, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00. Proffer at
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-01773-UNJ Document 33 Filed 09/06/24 Page 2 of 5
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 $45,000.00 (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-01773-UNJ Document 33 Filed 09/06/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CAROL FRENCH, )
)
Petitioner, )
) No. 23-1773V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 10, 2023, Carol French (“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”), as amended. The petition alleges that as a result of receiving an influenza (“flu”)
vaccination on September 12, 2021, petitioner suffered from a left shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1. On July 12, 2024, the Secretary of Health and
Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case was appropriate
for compensation under the terms of the Act. ECF No. 21. On July 12, 2024, Chief Special
Master Corcoran issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
No. 23.
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). This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:23-vv-01773-UNJ Document 33 Filed 09/06/24 Page 4 of 5
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 Chief Special Master Corcoran’s
decision and the Court’s judgment award the following1 2: a lump sum payment of $45,000.00,
in the form of a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Carol French: $45,000.00
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2 The entry of judgment awarding the compensation described herein in a Decision of the Special
Master, resolves any and all actions or causes of action (including agreements, judgments,
claims, damages, loss of services, expenses and all demands of whatever kind or nature) that
have been brought, could have been brought, or hereafter could be timely brought against the
United States and the Secretary of Health and Human Services in the Court of Federal Claims,
under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., (a) on
account of, or in any way growing out of any and all known or unknown, suspected or
unsuspected personal injuries to or death of petitioner that resulted from, or that may be alleged
to have resulted from, the vaccinations identified herein, and (b) that petitioner has had, now has,
or hereafter may have with respect to the injury that gave rise to the petition for vaccine
compensation filed in the United States Court of Federal Claims as petition No. 23-1773.

Case 1:23-vv-01773-UNJ Document 33 Filed 09/06/24 Page 5 of 5
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Meghan R. Murphy
MEGHAN R. MURPHY
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) 616-4264
meghan.r.murphy@usdoj.gov
DATED: August 5, 2024