VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00762
Package ID: USCOURTS-cofc-1_24-vv-00762
Petitioner: Nancy A. Carroll
Filed: 2025-04-03
Decided: 2025-05-05
Vaccine: influenza
Vaccination date: 2022-10-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 74143

AI-assisted case summary:
Nancy A. Carroll filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her October 28, 2022 influenza vaccination. She stated that she received the vaccination in the United States, suffered residual effects for more than six months, and had no prior award or settlement for her injury. The respondent, the Secretary of Health and Human Services, filed a report recommending compensation, conceding that Ms. Carroll's claim met the Table criteria for SIRVA. The respondent noted that she had no prior history of shoulder issues, her pain and reduced range of motion began within 48 hours of vaccination, and these symptoms were limited to the injection site. The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and Ms. Carroll met the statutory severity requirement. Based on the respondent's concession and the evidence, the court found Ms. Carroll entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent had proffered compensation in the amount of $74,142.75, representing $70,000.00 for pain and suffering and $4,142.75 for unreimbursed expenses, to which Ms. Carroll agreed. The court awarded Ms. Carroll the stipulated lump sum of $74,142.75 for all damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00762-0
Date issued/filed: 2025-05-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/03/2025) 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-00762-UNJ Document 35 Filed 05/05/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-762V
NANCY A. CARROLL, Chief Special Master Corcoran
Petitioner, Filed: April 3, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 16, 2024, Nancy A. Carroll filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”) alleging that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of her October 28, 2022 influenza (“flu”) vaccination.
Petition at ¶¶ 1-2. Petitioner further alleges that she received her vaccination in the United
States, that she suffered the residual effects of her injury for more than six months, and
that there has been no prior award or settlement of a civil action on her behalf as a result
of her injury. See Petition at ¶¶ 1, 18, 22. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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-00762-UNJ Document 35 Filed 05/05/25 Page 2 of 2
On April 3, 2025, Respondent filed his Rule 4(c) Report Recommending
Compensation and Proffer of Compensation in which he concedes that Petitioner is
entitled to compensation in this case. ECF 29 at 1. Specifically, Respondent states that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (DICP), have reviewed the
facts of this case and concluded that petitioner’s claim meets the Table
criteria for SIRVA. Specifically, petitioner had no history of pain,
inflammation or dysfunction of the affected shoulder prior to intramuscular
vaccine administration that would explain the alleged signs, symptoms,
examination findings, and/or diagnostic studies occurring after vaccine
injection; she more likely than not suffered the onset of pain within forty-
eight hours of vaccine administration; her pain and reduced range of
motion were limited to the shoulder in which the intramuscular vaccine
was administered; and there is no other condition or abnormality present
that would explain petitioner’s symptoms. 42 C.F.R. § 100.3(a), (c)(10).
Therefore, petitioner is entitled to a presumption of vaccine causation.
Id. at 3. Respondent further agrees that
[w]ith respect to other statutory and jurisdictional issues, the records show
that the case was timely filed, that the vaccine was received in the United
States, and that petitioner satisfies the statutory severity requirement by
suffering the residual effects or complications of her injury for more than six
months after vaccine administration. See 42 U.S.C. §§ 300aa-11(c)(1)(D)(i).
Petitioner also avers that she has “not previously filed a petition under the
Vaccine Act and [has] not previously collected an award or settlement of a
civil action for damages secondary to receipt of the [flu] vaccine. Ex. 3 at 7.
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

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DOCUMENT 2: USCOURTS-cofc-1_24-vv-00762-1
Date issued/filed: 2025-05-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/03/2025) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00762-UNJ Document 36 Filed 05/05/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-762V
NANCY A. CARROLL, Chief Special Master Corcoran
Petitioner, Filed: April 3, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 16, 2024, Nancy A. Carroll 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 a result of her October 28, 2022 influenza (“flu”) vaccination.
Petition at ¶¶ 1-2. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 3, 2025, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA Table injury. On April 3, 2025, Respondent filed a Rule 4(c)
Report Recommending Compensation and Proffer of Compensation (“Proffer”) indicating
Petitioner should be awarded $74,142.75 (representing an award of $70,000.00 for pain
and suffering at net present value and $4,142.75 for unreimbursed expenses). Proffer at
4, fn 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-00762-UNJ Document 36 Filed 05/05/25 Page 2 of 2
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 Proffer, I award Petitioner a lump sum
payment of $74,142.75 (representing $70,000.00 for pain and suffering at net
present value and $4,142.75 for unreimbursed 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