VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00681
Package ID: USCOURTS-cofc-1_24-vv-00681
Petitioner: Mark Engle
Filed: 2024-04-29
Decided: 2025-04-01
Vaccine: influenza
Vaccination date: 2022-09-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47919

AI-assisted case summary:
Mark Engle filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on September 30, 2022. He further alleged that the vaccine was received in the United States, he suffered sequelae of his injury for more than six months, and neither he nor any other party had ever received compensation for his vaccine-related injury. The respondent filed a Rule 4(c) report conceding entitlement to compensation, stating that Petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner satisfied all legal prerequisites for compensation. A Ruling on Entitlement was issued finding Petitioner entitled to compensation. Subsequently, the respondent filed a Proffer on award of compensation, indicating Petitioner should be awarded $47,500.00 in pain and suffering and $419.20 in past unreimbursable expenses. Petitioner agreed with the proffered award. The Chief Special Master awarded Petitioner a lump sum payment of $47,919.20 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-00681-0
Date issued/filed: 2025-01-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/27/2024) regarding 16 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00681-UNJ Document 18 Filed 01/28/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-681V
MARK ENGLE, Chief Special Master Corcoran
Petitioner, Filed: December 27, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On April 29, 2024, Mark Engle (“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 he suffered from a shoulder injury related to vaccine
administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccination on
September 30, 2022. Pet., ECF No. 1. Petitioner further alleges that he suffered the
residual effects of his injury for more than six months. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 6, 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 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-00681-UNJ Document 18 Filed 01/28/25 Page 2 of 2
1, ECF No. 13. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent does
not dispute that Petitioner “has satisfied all legal prerequisites for compensation under
the Act.” Id. at 4-5.
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-00681-1
Date issued/filed: 2025-04-01
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/26/2025) regarding 21 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00681-UNJ Document 27 Filed 04/01/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-681V
MARK ENGLE, Chief Special Master Corcoran
Petitioner, Filed: February 26, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On April 29, 2024, Mark Engle 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 he suffered from a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered to him
on September 30, 2022. Pet., ECF No. 1. Petitioner further alleges that the vaccine was
received in the United States, he suffered sequela of his 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 his vaccine-related injury. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 27, 2024, a Ruling on Entitlement was issued, finding Petitioner
entitled to compensation for his SIRVA. ECF No. 16. On February 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-00681-UNJ Document 27 Filed 04/01/25 Page 2 of 5
filed a Proffer on award of compensation (“Proffer”) indicating Petitioner should be
awarded $47,500.00 in pain and suffering and $419.20 in past unreimbursable expenses.
Proffer at 1-2, ECF No. 20. 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 $47,919.20 for pain and suffering and 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-00681-UNJ Document 27 Filed 04/01/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARK ENGLE,
Petitioner,
No. 24-681V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 29, 2024, Mark Engle (“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 he suffered a Table shoulder injury related to vaccine administration
(“SIRVA”), as the result of an influenza (“flu”) vaccination received on September 30, 2022.
Petition at 1.
On December 6, 2024, the Secretary of Health and Human Services (“respondent”) filed
a Rule 4(c) report conceding entitlement to compensation, and on December 27, 2024 the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
No. 13, 16.
I. Items of Compensation
A. Pain and Suffering
Based on the evidence of record, respondent proffers that petitioner should be awarded
$47,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00681-UNJ Document 27 Filed 04/01/25 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 $419.20. 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 following:
A lump sum of $47,919.20 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 42 U.S.C.
§ 300aa-15(a).1
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Mark Engle: $47,919.20.
Respectfully submitted,
MICHAEL GRANSTON
Deputy Assistant Attorney General
Civil Division
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:24-vv-00681-UNJ Document 27 Filed 04/01/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
/s/ Benjamin Eisenberg
BENJAMIN EISENBERG
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington D.C. 20044-0146
(202) 514-4074
Benjamin.Eisenberg@usdoj.gov
DATED: Tuesday, February 25, 2025
3