VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00382
Package ID: USCOURTS-cofc-1_24-vv-00382
Petitioner: Nicole Bialeschki
Filed: 2024-03-11
Decided: 2025-01-31
Vaccine: influenza
Vaccination date: 2022-10-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50818.54

AI-assisted case summary:
On March 11, 2024, Nicole Bialeschki filed a Vaccine Program petition after receiving an influenza vaccine on October 3, 2022. She alleged that the vaccine caused a shoulder injury related to vaccine administration, or SIRVA, and that the residual effects lasted more than six months.

Respondent conceded entitlement in a Rule 4(c) report filed November 7, 2024. The report stated that Bialeschki's alleged injury was consistent with SIRVA under the Vaccine Injury Table and that the legal prerequisites for compensation were satisfied. Chief Special Master Brian H. Corcoran granted entitlement on November 26, 2024. The public decisions do not provide a detailed onset or treatment narrative beyond the SIRVA concession.

Respondent filed a damages proffer on January 31, 2025, and Bialeschki agreed. That same day, Chief Special Master Corcoran awarded $50,818.54, to be paid by ACH to counsel's IOLTA account for prompt disbursement to Bialeschki. The award consisted of $50,000.00 for pain and suffering and $818.54 for past unreimbursable expenses. She was represented by Ronald Craig Homer of Conway, Homer, P.C.

Theory of causation field:
Influenza vaccine (October 3, 2022) causing shoulder injury related to vaccine administration (SIRVA). COMPENSATED. Respondent conceded a Table SIRVA and legal prerequisites in Rule 4(c) report; public documents contain limited clinical detail beyond the concession. Entitlement granted by Chief Special Master Brian H. Corcoran on November 26, 2024; damages awarded January 31, 2025. Award: $50,818.54 ACH to counsel IOLTA ($50,000.00 pain and suffering + $818.54 past unreimbursable expenses). Attorney: Ronald Craig Homer, Conway, Homer, P.C., Boston, MA.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_24-vv-00382-0
Date issued/filed: 2024-12-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/26/2024) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:24-vv-00382-UNJ Document 25 Filed 12/27/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0382V
NICOLE BIALESCHKI, Chief Special Master Corcoran
Petitioner, Filed: November 26, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 11, 2024, Nicole Bialeschki 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 vaccination she received on October 3,
2022. Petition at 1. Petitioner further alleges that she has suffered the residual effects of
her vaccine-related injury for more than six months. Petition at ¶ 19. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 7, 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. Respondent states that “Petitioner’s alleged injury is consistent with SIRVA as defined
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-00382-UNJ Document 25 Filed 12/27/24 Page 2 of 2
by the Vaccine Injury Table.” Id. at 4. Respondent further agrees that “based on the
record as it now stands, 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-00382-1
Date issued/filed: 2025-03-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/31/2025) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:24-vv-00382-UNJ Document 33 Filed 03/10/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0382V
NICOLE BIALESCHKI, Chief Special Master Corcoran
Petitioner, Filed: January 31, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
James Connor Daughton, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On March 11, 2024, Nicole Bialeschki 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 a influenza vaccination she received on October 3,
2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On November 26, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On January 31, 2025, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $50,818.54,
comprised of $50,000.00 for past pain and suffering and $818.54 for past unreimbursable
expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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-00382-UNJ Document 33 Filed 03/10/25 Page 2 of 5
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 $50,818.54, comprised of $50,000.00 for pain and suffering and
$818.54 for past unreimbursable expenses, 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-00382-UNJ Document 33 Filed 03/10/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
NICOLE BIALESCHKI,
Petitioner, No. 24-382V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 11, 2024, Nicole Bialeschki (“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 3, 2022. Petition at 1. On November 7, 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 November 26, 2024, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF Nos. 20 & 22.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00382-UNJ Document 33 Filed 03/10/25 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 $818.54. 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 $50,818.54 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, Nicole Bialeschki: $50,818.54
Respectfully submitted,
BRETT A. SHUMATE
Acting 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 lost earnings
and future pain and suffering.
2

Case 1:24-vv-00382-UNJ Document 33 Filed 03/10/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
/s/ J. Connor Daughton
J. Connor Daughton
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 305-3907
james.c.daughton@usdoj.gov
Dated: January 31, 2025
3