VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00226
Package ID: USCOURTS-cofc-1_24-vv-00226
Petitioner: Janet Lotherington
Filed: 2024-02-14
Decided: 2025-01-13
Vaccine: influenza
Vaccination date: 2022-09-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 76261

AI-assisted case summary:
Janet Lotherington filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Table shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 21, 2022. She further alleged that she suffered residual effects of her condition for more than six months. The respondent conceded that her injury was consistent with SIRVA, noting that she had no prior history of shoulder issues, the pain occurred within 48 hours of the vaccination, and the pain and reduced range of motion were limited to the injection site. The respondent also agreed that she suffered residual effects for more than six months and satisfied all prerequisites for compensation. A ruling on entitlement was issued on September 26, 2024, finding her entitled to compensation. Subsequently, on December 11, 2024, the respondent filed a proffer agreeing to an award of $76,261.39, consisting of $75,000.00 for pain and suffering and $1,261.39 for past unreimbursable expenses. Petitioner agreed with this proffered award. On January 13, 2025, the court issued a decision awarding Janet Lotherington a lump sum payment of $76,261.39.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00226-0
Date issued/filed: 2024-11-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/26/2024) regarding 19 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00226-UNJ Document 24 Filed 11/01/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0226V
JANET LOTHERINGTON,
Chief Special Master Corcoran
Petitioner,
v.
Filed: September 26, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Alison Haskins, Siri & Glimstad, LLP, Aventura, FL, for Petitioner.
Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 14, 2024, Janet Lotherington 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 Table shoulder injury related to
vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received
in her right deltoid on September 21, 2022. Petition at 1-2. Petitioner further alleges that
she suffered the residual effects of her condition for more than six months. Petition at 5.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 25, 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 states that, “petitioner’s alleged injury is consistent
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 1:24-vv-00226-UNJ Document 24 Filed 11/01/24 Page 2 of 2
with SIRVA as defined by the Vaccine Injury Table. Specifically petitioner had no history
of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred
within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced
range of motion 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 5. Respondent further agrees that Petitioner suffered the residual effects of her
condition for more than six months and based on the record as it now stands, Petitioner
has satisfied all 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_24-vv-00226-1
Date issued/filed: 2025-01-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/11/2024) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00226-UNJ Document 34 Filed 01/13/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0226V
JANET LOTHERINGTON,
Chief Special Master Corcoran
Petitioner,
v. Filed: December 11, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Alison Haskins, Siri & Glimstad, LLP, Aventura, FL, for Petitioner.
Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 14, 2024, Janet Lotherington 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 she suffered a Table shoulder injury
related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination
received in her right deltoid on September 21, 2022. Petition at 1-2. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On September 26, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On December 11, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $76,261.39,
consisting of $75,000.00, in pain and suffering and $1,261.39 in past unreimbursable
expenses. 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 1:24-vv-00226-UNJ Document 34 Filed 01/13/25 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $76,261.39 (consisting of $75,000.00, in pain and suffering and
$1,261.39 in 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 1:24-vv-00226-UNJ Document 34 Filed 01/13/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JANET LOTHERINGTON,
Petitioner,
No. 24-0226V
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER
On February 14, 2024, Janet Lotherington (“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 vaccine received on September 21, 2022.
Petition at 1-2. On September 25, 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 SIRVA, and on September 26, 2024, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 18; ECF
No. 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 1:24-vv-00226-UNJ Document 34 Filed 01/13/25 Page 4 of 5
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 $1,261.39. 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 following1: a lump sum payment of $76,261.39, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Janet Lotherington: $76,261.39
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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,
unreimbursed expenses, future lost earnings, and future pain and suffering.
2

Case 1:24-vv-00226-UNJ Document 34 Filed 01/13/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
/s/ Irene A. Firippis
IRENE A. FIRIPPIS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 305-3250
irene.a.firippis@usdoj.gov
Date: December 11, 2024
3