VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00658 Package ID: USCOURTS-cofc-1_24-vv-00658 Petitioner: Sheila Flynn Filed: 2025-04-16 Decided: 2025-05-28 Vaccine: influenza Vaccination date: 2022-09-28 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 115000 AI-assisted case summary: Sheila Flynn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on September 28, 2022. She further alleged that the injury caused residual effects lasting 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 as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a Ruling on Entitlement finding Petitioner entitled to compensation. Subsequently, the respondent filed a Proffer on Award of Compensation, recommending an award of $115,000.00 for pain and suffering, which Petitioner agreed to. The Chief Special Master issued a Decision Awarding Damages, awarding Sheila Flynn a lump sum payment of $115,000.00 for pain and suffering. This amount represents compensation for all damages available under the Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00658-0 Date issued/filed: 2025-05-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/16/2025) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00658-UNJ Document 38 Filed 05/22/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-658V SHEILA FLYNN, Chief Special Master Corcoran Petitioner, Filed: April 16, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Alison Haskins, Siri & Glimstad, LLP, Aventura, FL, for Petitioner. Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 25, 2024, Sheila Flynn (“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 September 28, 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 April 11, 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, 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-00658-UNJ Document 38 Filed 05/22/25 Page 2 of 2 ECF No. 26. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. 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-00658-1 Date issued/filed: 2025-05-28 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 04/17/2025) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00658-UNJ Document 39 Filed 05/28/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-658V SHEILA FLYNN, Chief Special Master Corcoran Petitioner, Filed: April 17, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Alison Haskins, Siri & Glimstad, LLP, Aventura, FL, for Petitioner. Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 25, 2024, Sheila Flynn 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 September 28, 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 April 16, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. ECF No. 28. On April 17, 2025, Respondent filed a 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-00658-UNJ Document 39 Filed 05/28/25 Page 2 of 5 Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $115,000.00 in pain and suffering. Proffer at 1, ECF No. 30. 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 $115,000.00 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-00658-UNJ Document 39 Filed 05/28/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS SHEILA FLYNN, Petitioner, No. 24-658V (ECF) v. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On April 25, 2024, Sheila Flynn (“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”), as amended. The petition alleges that as a result of her receipt of an influenza (“flu”) vaccination on September 28, 2022, petitioner suffered a left shoulder injury related to vaccine administration (“SIRVA”). ECF No. 1 at 1. On April 11, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) report indicating that this case was appropriate for compensation under the terms of the Vaccine Act. ECF No. 26. On April 16, 2025, Chief Special Master Corcoran issued a Ruling on Entitlement finding that petitioner was entitled to compensation. ECF No. 28. I. Item of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $115,000.00 in damages for pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 1 Case 1:24-vv-00658-UNJ Document 39 Filed 05/28/25 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 Chief Special Master Corcoran’s decision and the Court’s judgment award the following1 2: a lump sum payment of $115,000.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Sheila Flynn: $115,000.00 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 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, unreimbursable expenses; future lost earnings; and future pain and suffering. 2 The entry of judgment awarding the compensation described herein in a Decision of the Chief Special Master, resolves any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses, and all demands of whatever kind or nature) that have been brought, could have been brought, or hereafter could be timely brought against the United States and the Secretary of Health and Human Services in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq., (a) on account of, or in any way growing out of any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner that resulted from, or that may be alleged to have resulted from, the vaccinations identified herein, and (b) that petitioner has had, now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine compensation filed in the United States Court of Federal Claims as petition No. 24-658. 2 Case 1:24-vv-00658-UNJ Document 39 Filed 05/28/25 Page 5 of 5 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division /s/ Benjamin P. Warder BENJAMIN P. WARDER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Telephone: (202) 532-5464 DATE: April 17, 2025 Email: Benjamin.P.Warder@usdoj.gov 3