VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00651
Package ID: USCOURTS-cofc-1_24-vv-00651
Petitioner: Mary Curry
Filed: 2024-04-24
Decided: 2025-03-28
Vaccine: influenza
Vaccination date: 2022-10-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47790

AI-assisted case summary:
Mary Curry filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 13, 2022. She stated that she received the vaccine within the United States and that the residual effects of her SIRVA lasted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Petitioner's injury was consistent with SIRVA, a defined Table injury, and that she had satisfied all legal prerequisites for compensation. Consequently, a ruling on entitlement was issued, finding Mary Curry entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $47,790.10, which included $45,000.00 for pain and suffering and $2,790.10 for past unreimbursable expenses. Mary Curry agreed with this proffered award. The Chief Special Master issued a decision awarding Mary Curry a lump sum payment of $47,790.10, representing compensation for pain and suffering and past unreimbursable expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00651-0
Date issued/filed: 2024-11-26
Pages: 2
Docket text: et text. (fm).PUBLIC ORDER/RULING (Originally filed: 10/24/2024) regarding 12 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. Modified on 11/27/2024 to correct the dock
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Case 1:24-vv-00651-UNJ Document 14 Filed 11/26/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0651V
MARY CURRY, Chief Special Master Corcoran
Petitioner, Filed: October 24, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 24, 2024, Mary Curry 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”), a defined Table injury, after receiving an influenza (“flu”)
vaccine on October 13, 2022. Petition at 1 ¶¶ 1, 15. Petitioner also alleged that she
received the flu vaccine within the United States, that she suffered the residual effects of
her SIRVA for more than six months, and that neither she nor any other party has filed a
civil action or received compensation for her SIRVA, alleged as vaccine-related. Id. at ¶¶
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-00651-UNJ Document 14 Filed 11/26/24 Page 2 of 2
1, 11-12. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 24, 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 believes “that [P]etitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table.” Id. at 4. He adds that “based upon the
record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation
under the Act.” Id. at 5.
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-00651-1
Date issued/filed: 2025-03-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/21/2025) regarding 19 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00651-UNJ Document 24 Filed 03/28/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0651V
MARY CURRY,
Chief Special Master Corcoran
Petitioner,
v. Filed: February 21, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 24, 2024, Mary Curry 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”), a defined Table injury, after receiving an influenza (“flu”)
vaccine on October 13, 2022. Petition at 1 ¶¶ 1, 15. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 24, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On February 21, 2025, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $47,790.10,
representing $45,000.00 for pain and suffering and $2,790.10 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-00651-UNJ Document 24 Filed 03/28/25 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 $47,790.10, representing $45,000.00 for pain and suffering and
$2,790.10 for actual 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-00651-UNJ Document 24 Filed 03/28/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARY CURRY,
Petitioner,
v. No. 24-651V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 24, 2024, Mary Curry (“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 she received on October 13, 2022. Petition at 1. On October 24, 2024, the Secretary
of Health and Human Services (“respondent”) filed a Rule 4(c) Report recommending that
compensation be awarded for SIRVA, and the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation the same day. ECF No. 11; ECF No. 12.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $45,000.00 in actual pain and
suffering. Petitioner agrees.

Case 1:24-vv-00651-UNJ Document 24 Filed 03/28/25 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 $2,790.10. 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 $47,790.10, representing
compensation for pain and suffering ($45,000.00) and past unreimbursable expenses ($2,790.10),
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, Mary Curry: $47,790.10
Respectfully submitted,
BRETT A. SHUMATE
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 lost earnings
and future pain and suffering.
2

Case 1:24-vv-00651-UNJ Document 24 Filed 03/28/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
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) 514-9729
Email: sarah.c.duncan@usdoj.gov
DATED: February 21, 2025
3