VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00323
Package ID: USCOURTS-cofc-1_24-vv-00323
Petitioner: Michelle Montgomery
Filed: 2024-03-01
Decided: 2025-06-09
Vaccine: influenza
Vaccination date: 2022-10-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60515

AI-assisted case summary:
Michelle Montgomery filed a petition for compensation under the National Vaccine Injury Compensation Program on March 1, 2024. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on October 13, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 8, 2025, conceding that Ms. Montgomery's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. Based on the respondent's concession, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 10, 2025, finding Ms. Montgomery entitled to compensation. The case then proceeded to a decision on damages. On May 7, 2025, the respondent filed a Proffer on Award of Compensation, which Ms. Montgomery agreed to. Chief Special Master Corcoran issued a Decision on Damages on June 9, 2025, awarding Ms. Montgomery a lump sum of $60,514.75. This award consisted of $55,000.00 for pain and suffering and $5,514.75 for lost earnings, representing all damages available under the Act. The award was to be paid through an ACH deposit to Ms. Montgomery's counsel's IOLTA account for prompt disbursement. Petitioner's counsel was Daniel Alholm of Alholm Law PC, and respondent's counsel was Christopher Pinto from the U.S. Department of Justice.

Theory of causation field:
Petitioner Michelle Montgomery alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 13, 2022. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. The case proceeded to a damages determination based on this concession. The parties stipulated to an award, and Chief Special Master Brian H. Corcoran ordered a lump sum payment of $60,514.75, comprising $55,000.00 for pain and suffering and $5,514.75 for lost earnings. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings beyond the diagnosis of SIRVA. Petitioner was represented by Daniel Alholm, and Respondent by Christopher Pinto. The decision was issued on June 9, 2025.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00323-0
Date issued/filed: 2025-05-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/10/2025) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00323-UNJ Document 39 Filed 05/14/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0323V
MICHELLE MONTGOMERY, Chief Special Master Corcoran
Petitioner,
v. Filed: April 10, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner.
Christopher Pinto, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 1, 2024, Michelle Montgomery 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”) as the result of an influenza (“flu”) vaccination received on
October 13, 2022. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On April 8, 2025, 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. Id. at 5 (citing 42 C.F.R. §§ 100.3(a), (c)(10)).
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-00323-UNJ Document 39 Filed 05/14/25 Page 2 of 2
Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. Id. (internal citations omitted).
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-00323-1
Date issued/filed: 2025-06-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/07/2025) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00323-UNJ Document 42 Filed 06/09/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0323V
MICHELLE MONTGOMERY, Chief Special Master Corcoran
Petitioner,
v. Filed: May 7, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner.
Christopher Pinto, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On March 1, 2024, Michelle Montgomery 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as the result of an influenza (“flu”) vaccination received on
October 13, 2022. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On April 10, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On May 7, 2025, Respondent filed a Proffer on award of
compensation (“Proffer”). Respondent represented that Petitioner agrees with the
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-00323-UNJ Document 42 Filed 06/09/25 Page 2 of 5
proffered award. Id. at 2. 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, Petitioner is awarded a lump
sum of $60,514.75 (representing $55,000.00 for pain and suffering, and $5,514.75
for lost earnings) to be paid through an ACH deposit to Petitioner’s counsel’s
IOLTA account for prompt disbursement to Petitioner. Proffer at 1 – 2. This amount
represents compensation for all damages that would be available under Section 15(a).
Id.
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-00323-UNJ Document 42 Filed 06/09/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHELLE MONTGOMERY,
Petitioner,
No. 24-0323
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 1, 2024, Michelle Montgomery (“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 October 13, 2022. Petition at 1. On April 8, 2025, 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 10, 2025, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 28; ECF No. 30.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $55,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00323-UNJ Document 42 Filed 06/09/25 Page 4 of 5
B. Lost Earnings
Evidence supplied by petitioner documents that she incurred lost earnings related to her
vaccine-related injury. Respondent proffers that petitioner should be awarded lost earnings in
the amount of $5,514.75. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 $60,514.75 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, Michelle Montgomery: $60,514.75
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
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-00323-UNJ Document 42 Filed 06/09/25 Page 5 of 5
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
s/ CHRISTOPHER J. PINTO
CHRISTOPHER J. PINTO
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) 353-5992
christopher.pinto@usdoj.gov
DATED: May 7, 2025
3