VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00818
Package ID: USCOURTS-cofc-1_24-vv-00818
Petitioner: Haley Labian
Filed: 2024-05-28
Decided: 2025-03-10
Vaccine: influenza
Vaccination date: 2022-09-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 143675

AI-assisted case summary:
Haley Labian filed a petition for compensation under the National Vaccine Injury Compensation Program on May 28, 2024. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 20, 2022. The petition stated that the vaccine was administered in the United States, her symptoms persisted for more than six months, and no civil action had been filed or compensation received for this injury. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 30, 2024, the Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation. The Respondent agreed that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior history of shoulder pain or dysfunction, that pain occurred within 48 hours of vaccination, that the pain and reduced range of motion were limited to the injection site shoulder, and that no other condition could explain the shoulder pain. The Respondent also agreed that records demonstrated the condition's residual effects persisted for more than six months and that Petitioner satisfied all legal prerequisites for compensation. On December 31, 2024, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Petitioner entitled to compensation. Subsequently, on January 30, 2025, the Respondent filed a Proffer on Award of Compensation, proposing an award of $143,675.00, which Petitioner agreed to. This amount comprised $135,000.00 for pain and suffering and $8,675.00 for past unreimbursable expenses. On March 10, 2025, Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages, awarding Petitioner $143,675.00 to be paid via ACH deposit to her counsel's IOLTA account for prompt disbursement. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and Respondent was represented by Jay Travis Williamson of the U.S. Department of Justice.

Theory of causation field:
Petitioner Haley Labian received an influenza vaccine on September 20, 2022. She alleged a shoulder injury related to vaccine administration (SIRVA) as defined by the Vaccine Injury Table. The Respondent conceded entitlement, agreeing that Petitioner had no prior shoulder issues, experienced pain within 48 hours of vaccination, and that the symptoms were limited to the injection site shoulder with no other identified cause. The condition persisted for more than six months. The parties stipulated to an award of $143,675.00, consisting of $135,000.00 for pain and suffering and $8,675.00 for past unreimbursable expenses. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 31, 2024, and a Decision Awarding Damages on March 10, 2025. Petitioner was represented by Laura Levenberg (Muller Brazil, LLP) and Respondent by Jay Travis Williamson (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00818-0
Date issued/filed: 2025-01-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/31/2024) regarding 14 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00818-UNJ Document 20 Filed 01/31/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0818V
HALEY LABIAN, Chief Special Master Corcoran
Petitioner, Filed: December 31, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 28, 2024, Haley Labian 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”) resulting from an influenza vaccine received on September 20,
2022. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, her symptoms persisted for more than six months, and neither Petitioner,
nor any other party, has ever filed any civil action, or received compensation in the form
of an award or settlement, for Petitioner’s vaccine-related injury. Petition at ¶¶ 1, 15-17;
Ex. 1 at 5. 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-00818-UNJ Document 20 Filed 01/31/25 Page 2 of 2
On December 30, 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 agrees that Petitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table in that “petitioner had no history of
pain, inflammation, or dysfunction of her right shoulder prior to vaccination; pain occurred
within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced
range of motion [were] limited to the shoulder in which the vaccine was administered; and
no other condition or abnormality has been identified to explain petitioner’s shoulder pain.”
Id. at 4. Respondent further agrees that the records demonstrate that Petitioner suffered
the residual effects of her condition for more than six months and has satisfied all legal
prerequisites for compensation under the Vaccine 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-00818-1
Date issued/filed: 2025-03-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/31/2025) regarding 19 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00818-UNJ Document 26 Filed 03/10/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0818V
HALEY LABIAN, Chief Special Master Corcoran
Petitioner, Filed: January 31, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 28, 2024, Haley Labian 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”) resulting from an influenza vaccine received on September 20,
2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On December 31, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On January 30, 2025, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $143,675.00.
Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees 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.
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-00818-UNJ Document 26 Filed 03/10/25 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, Petitioner is awarded
$143,675.00 (comprised of $135,000.00 in pain and suffering and $8,675.00 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-00818-UNJ Document 26 Filed 03/10/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
HALEY LABIAN,
Petitioner,
No. 24-818V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 28, 2024, Haley Labian (“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 received on September 20, 2022. Petition at 1. On December 30, 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 December 31, 2024, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 12, 13.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $135,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00818-UNJ Document 26 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 $8,675.00. 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 $143,675.00 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, Haley Labian: $143,675.00
Respectfully submitted,
BRETT 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-00818-UNJ Document 26 Filed 03/10/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ J. Travis Williamson
J. TRAVIS WILLIAMSON
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) 598-1099
Jay.T.Williamson@usdoj.gov
DATED: January 30, 2025
3