VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00901 Package ID: USCOURTS-cofc-1_24-vv-00901 Petitioner: Linda C. Culliton Filed: 2024-06-12 Decided: 2025-10-20 Vaccine: influenza Vaccination date: 2022-11-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 115700.05 AI-assisted case summary: On June 12, 2024, Linda C. Culliton filed a petition alleging that an influenza vaccine administered on November 3, 2022 caused a shoulder injury related to vaccine administration. The public record identifies her as a competent adult but does not provide her exact age. Respondent conceded entitlement after reviewing the petition and medical records. DICP concluded that Ms. Culliton had no prior shoulder pain, inflammation, or dysfunction; that pain occurred within 48 hours of vaccination; that pain and reduced range of motion were limited to the vaccinated shoulder; that no other condition explained the pain; and that the residual effects continued for more than six months. Chief Special Master Corcoran granted entitlement on July 10, 2025. Respondent then filed a proffer and Ms. Culliton agreed with the proposed award. On October 20, 2025, the Chief Special Master awarded $115,700.05: $112,500.00 for pain and suffering and $3,200.05 for past unreimbursable expenses, payable through counsel's IOLTA account. Theory of causation field: Adult petitioner; influenza vaccine November 3, 2022; Table SIRVA. COMPENSATED. Respondent conceded no prior shoulder symptoms, pain within 48 hours, pain/ROM limitation confined to vaccinated shoulder, no alternative condition, and residual effects beyond six months. Entitlement July 10, 2025; damages October 20, 2025. Award $115,700.05 ($112,500 pain/suffering + $3,200.05 expenses). Petition filed June 12, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00901-0 Date issued/filed: 2025-08-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/10/2025) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00901-UNJ Document 33 Filed 08/11/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-901V LINDA C. CULLITON, Chief Special Master Corcoran Petitioner, Filed: July 10, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew F. Belanger, Faraci Lange LLP, Rochester, NY, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 12, 2024, Linda Culliton 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 that she suffered a shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on November 3, 2022. Petition at 1. Petitioner further alleges she had no history of pain or dysfunction in her left shoulder prior to vaccination; that her pain began within 48-hous of receiving the flu vaccination; that her pain and reduced range of motion was limited to her left shoulder, and that no other condition or abnormality has been identified to explain her left shoulder pain. Id. 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-00901-UNJ Document 33 Filed 08/11/25 Page 2 of 2 On February 12, 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. Specifically, Respondent is satisfied that all the legal prerequisites for compensation under the act have been met based on the record as it now stands. Id. at 6. 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-00901-1 Date issued/filed: 2025-12-04 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 10/20/2025) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00901-UNJ Document 43 Filed 12/04/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-901V LINDA C. CULLITON, Chief Special Master Corcoran Petitioner, Filed: October 20, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew F. Belanger, Faraci Lange LLP, Rochester, NY, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 12, 2024, Linda Culliton 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”) after receiving an influenza vaccination on November 3, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 10, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On October 20, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $115,700.05, representing $112,500.00 for pain and suffering and $3,200.05 for past unreimbursable expenses. Proffer at 3. In the Proffer, Respondent represented that Petitioner agrees with 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-00901-UNJ Document 43 Filed 12/04/25 Page 2 of 5 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $115,700.05, 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-00901-UNJ Document 43 Filed 12/04/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LINDA CULLITON, Petitioner, v. No. 24-901V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 On June 12, 2024, Linda Culliton (“petitioner”) filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended (“Act”). She alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, following receipt of an influenza vaccine administered on November 3, 2022. See Petition. On February 12, 2025, the Secretary of Health and Human Services (“respondent”) filed his Vaccine Rule 4(c) report, concluding that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury. See ECF No. 20. On July 10, 2025, Chief Special Master Corcoran issued a ruling on entitlement, finding petitioner entitled to compensation for a SIRVA Table injury. See ECF No. 27. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded the following: 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. Case 1:24-vv-00901-UNJ Document 43 Filed 12/04/25 Page 4 of 5 A. Pain and Suffering Respondent proffers that petitioner should be awarded $112,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 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 $3,200.05. 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 The parties recommend that compensation provided to petitioner should be made through a lump sum payment, as described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:2 A lump sum payment of $115,700.05 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Linda Culliton. Petitioner is a competent adult. Proof of guardianship is not required in this case. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2 Case 1:24-vv-00901-UNJ Document 43 Filed 12/04/25 Page 5 of 5 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON Assistant Director Torts Branch, Civil Division s/ EMILY M. HANSON EMILY M. HANSON 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) 430-4802 emily.hanson@usdoj.gov Dated: October 20, 2025 3