VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00268 Package ID: USCOURTS-cofc-1_24-vv-00268 Petitioner: Autumn Hobson Filed: 2024-12-13 Decided: 2025-05-02 Vaccine: influenza Vaccination date: 2022-10-07 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 92500 AI-assisted case summary: Autumn Hobson filed a petition for compensation under the National Vaccine Injury Compensation Program on February 21, 2024, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on October 7, 2022. She further alleged that the vaccine was received in the United States, that she suffered residual effects of her injury for more than six months, and that neither she nor any other party had ever received compensation for her vaccine-related injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 5, 2024, conceding that the petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation under the Act. On December 13, 2024, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding the petitioner entitled to compensation. Subsequently, on March 25, 2025, the respondent filed a Proffer on award of compensation, proposing an award of $92,500.00 for pain and suffering, which the petitioner agreed to. On May 2, 2025, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding the petitioner a lump sum payment of $92,500.00 for pain and suffering. This amount was to be paid through an ACH deposit to the petitioner's counsel's IOLTA account for prompt disbursement to the petitioner. Petitioner was represented by Lawrence R. Cohan of Saltz, Mongeluzzi & Bendesky, and respondent was represented by Jay Travis Williamson of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Theory of causation field: Petitioner Autumn Hobson alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 7, 2022. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. The case proceeded to a Ruling on Entitlement on December 13, 2024, finding petitioner entitled to compensation. A subsequent Proffer on award of compensation, filed March 25, 2025, proposed an award of $92,500.00 for pain and suffering, which petitioner accepted. Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages on May 2, 2025, awarding a lump sum of $92,500.00 for pain and suffering, payable to petitioner through her counsel. Petitioner was represented by Lawrence R. Cohan, and respondent by Jay Travis Williamson. The theory of causation is based on the Vaccine Injury Table for SIRVA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00268-0 Date issued/filed: 2025-01-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/13/2024) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00268-UNJ Document 22 Filed 01/22/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-268V AUTUMN HOBSON, Chief Special Master Corcoran Petitioner, Filed: December 13, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Lawrence R. Cohan, Saltz Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 21, 2024, Autumn Hobson (“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 7, 2022. 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 December 5, 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. 17. 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 1:24-vv-00268-UNJ Document 22 Filed 01/22/25 Page 2 of 2 consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 6. 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_24-vv-00268-1 Date issued/filed: 2025-05-02 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/25/2025) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00268-UNJ Document 27 Filed 05/02/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-268V AUTUMN HOBSON, Chief Special Master Corcoran Petitioner, Filed: March 25, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Lawrence R. Cohan, Saltz, Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 21, 2024, Autumn Hobson 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 an influenza (“flu”) vaccination administered to her on October 7, 2022. Pet., ECF No. 1. Petitioner further alleges that the vaccine was received in the United States, she suffered sequela of her injury for more than six months, and neither Petitioner nor any other party has ever received compensation in the form of an award or settlement for her vaccine-related injury. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 13, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. ECF No. 19. On March 25, 2025, Respondent 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-00268-UNJ Document 27 Filed 05/02/25 Page 2 of 5 filed a Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $92,500.00 in pain and suffering. Proffer at 1, ECF No. 24. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. See 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 $92,500.00 for pain and suffering to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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-00268-UNJ Document 27 Filed 05/02/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS AUTUM HOBSON, Petitioner, No. 24-268V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 21, 2024, Autum Hobson (“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, 42 C.F.R. § 100.3, as the result of an influenza (“flu”) vaccination received on October 7, 2022. Petition at 1. On December 5, 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 December 31, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 17, 19. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $92,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This amount represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:24-vv-00268-UNJ Document 27 Filed 05/02/25 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 the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $92,500.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Autum Hobson: $92,500.00 Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant 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 lost earnings and future pain and suffering. 2 Case 1:24-vv-00268-UNJ Document 27 Filed 05/02/25 Page 5 of 5 /s/ J. Travis Williamson J. TRAVIS WILLIAMSON 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) 598-1099 Jay.T.Williamson@usdoj.gov DATED: March 25, 2025 3