VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00827
Package ID: USCOURTS-cofc-1_24-vv-00827
Petitioner: Lisa West-Thomas
Filed: 2024-04-29
Decided: 2025-05-16
Vaccine: influenza
Vaccination date: 2022-09-27
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 113883

AI-assisted case summary:
Lisa West-Thomas filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 27, 2022. She further alleged that her symptoms persisted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner is entitled to compensation. The respondent stated that the petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Although the petitioner had a history of bilateral upper extremity pain in September 2021, the respondent determined that prior left arm pain would not explain the signs, symptoms, examination findings, and diagnostic studies occurring after the vaccine injection, including the petitioner's left shoulder bursitis. The respondent further agreed that the petitioner suffered the residual effects of her condition for more than six months and has therefore satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on November 22, 2024, finding the petitioner entitled to compensation. Subsequently, on April 15, 2025, the respondent filed a proffer on award of compensation, indicating that the petitioner should be awarded a total of $113,883.44. This amount consists of $110,000.00 for pain and suffering and $3,883.44 for lost wages. The petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages on May 16, 2025, granting the lump sum payment of $113,883.44.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00827-0
Date issued/filed: 2024-12-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/22/2024) regarding 15 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00827-UNJ Document 17 Filed 12/27/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0827V
LISA WEST-THOMAS,
Chief Special Master Corcoran
Petitioner,
v.
Filed: November 22, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, 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, Lisa West-Thomas 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 left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on
September 27, 2022. Petition at 1. Petitioner further alleges that her symptoms persisted
for more than six months. Petition at 3. 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-00827-UNJ Document 17 Filed 12/27/24 Page 2 of 2
On November 22, 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 states, “petitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table. While petitioner had a history of bilateral
upper extremity pain in September 2021, DICP determined that left-sided shoulder pain
was not mentioned in the medical records in the year prior to vaccination; therefore, the
prior left arm pain would not explain the signs, symptoms, examination findings, and
diagnostic studies occurring after vaccine injection, including petitioner’s left shoulder
bursitis. Further, pain occurred within forty-eight hours after receipt of an intramuscular
vaccination; pain and reduced range of motion was limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality has been identified to
explain petitioner’s post-vaccination shoulder pain.” Id. at 4. Respondent further agrees
that Petitioner suffered the residual effects of her condition for more than six months and
has therefore satisfied all legal prerequisites from compensation under the Vaccine 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

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DOCUMENT 2: USCOURTS-cofc-1_24-vv-00827-1
Date issued/filed: 2025-05-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/15/2025) regarding 24 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:24-vv-00827-UNJ Document 30 Filed 05/16/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0827V
LISA WEST-THOMAS,
Chief Special Master Corcoran
Petitioner,
v. Filed: April 15, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, 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, Lisa West-Thomas 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 left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on
September 27, 2022. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 22, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On April 15, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $113,883.44,
consisting of $110,000.00 in pain and suffering and $3,883.44 in lost wages. Proffer at 1-
2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
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-00827-UNJ Document 30 Filed 05/16/25 Page 2 of 5
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 $113,883.44 (consisting of $110,000.00 in pain and suffering and
$3,883.44 in lost wages), 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-00827-UNJ Document 30 Filed 05/16/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LISA WEST-THOMAS,
Petitioner, No. 24-827V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 29, 2024, Lisa West-Thomas (“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 a left 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 27, 2022. Petition at 1. On November 22,
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 that same day the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF Nos. 14, 15.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $110,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00827-UNJ Document 30 Filed 05/16/25 Page 4 of 5
B. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $3,883.44. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 payment of $113,883.44, to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.1
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Lisa West-Thomas: $113,883.44
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:24-vv-00827-UNJ Document 30 Filed 05/16/25 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Benjamin R. Eisenberg
BENJAMIN R. EISENBERG
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 514-4074
benjamin.eisenberg@usdoj.gov
DATE: April 15, 2025
3