VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01843 Package ID: USCOURTS-cofc-1_24-vv-01843 Petitioner: Luzita Powell Filed: 2024-11-12 Decided: 2025-10-07 Vaccine: influenza Vaccination date: 2023-10-26 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 70503.81 AI-assisted case summary: On November 12, 2024, Luzita Powell filed a petition alleging that an influenza vaccine administered on October 26, 2023 caused a shoulder injury related to vaccine administration. Respondent conceded entitlement, and Chief Special Master Brian H. Corcoran found Ms. Powell entitled to compensation for SIRVA on July 7, 2025. The public entitlement and damages documents do not provide a detailed clinical chronology of first pain, treatment visits, imaging, injections, physical therapy, or residual limitations. On October 7, 2025, Chief Special Master Corcoran adopted respondent's damages proffer and awarded $70,000.00 for pain and suffering and $503.81 in unreimbursed expenses, for a total lump sum of $70,503.81. Theory of causation field: Influenza vaccine October 26, 2023 causing Table SIRVA; competent adult, exact age not stated. ENTITLEMENT CONCEDED; COMPENSATED. Public documents lack detailed clinical chronology. Award $70,000 pain/suffering + $503.81 expenses = $70,503.81. Chief SM Brian H. Corcoran; petition November 12, 2024; entitlement July 7, 2025; damages October 7, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01843-0 Date issued/filed: 2025-08-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/07/2025) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01843-UNJ Document 22 Filed 08/07/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1843V LUZITA POWELL, Chief Special Master Corcoran Petitioner, Filed: July 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jubaile Abila, Growth Law Firm, S.C., Brookfield, WI, for Petitioner. Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 12, 2024, Luzita Powell 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 26, 2023. Petition at 1, ¶¶ 2, 14, 16-17. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of his SIRVA injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA. Id. at ¶¶ 2, 14, 18-19. 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-01843-UNJ Document 22 Filed 08/07/25 Page 2 of 2 On July 3, 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 “has concluded that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees that “based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01843-cl-extra-11116380 Date issued/filed: 2025-08-07 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10649793 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1843V LUZITA POWELL, Chief Special Master Corcoran Petitioner, Filed: July 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jubaile Abila, Growth Law Firm, S.C., Brookfield, WI, for Petitioner. Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 12, 2024, Luzita Powell 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 26, 2023. Petition at 1, ¶¶ 2, 14, 16-17. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of his SIRVA injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA. Id. at ¶¶ 2, 14, 18-19. 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). On July 3, 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 “has concluded that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees that “based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01843-1 Date issued/filed: 2025-11-10 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 10/07/2025) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01843-UNJ Document 34 Filed 11/10/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1843V LUZITA POWELL, Chief Special Master Corcoran Petitioner, Filed: October 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan P. Growth, Growth Law Firm, S.C., Wauwatosa, WI, for Petitioner. Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 12, 2024, Luzita Powell 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 26, 2023. Petition at 1, ¶¶ 2, 14, 16-17. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 7, 2025, I issued a ruling on entitlement, finding Petitioner entitled to compensation for her SIRVA. On October 7, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $70,503.81, representing $70,000.00 for pain and suffering and $503.81 for past unreimbursable expenses. Proffer at 2. 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-01843-UNJ Document 34 Filed 11/10/25 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 $70,503.81, representing $70,000.00 for pain and suffering and $503.81 for actual unreimbursable expense, 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-01843-UNJ Document 34 Filed 11/10/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LUZITA POWELL, Petitioner, v. No. 24-1843V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 On November 12, 2024, Luzita Powell (“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 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 October 26, 2023. Petition at 3. On July 3, 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. 17. On July 7, 2025, Chief Special Master Corcoran issued a ruling on entitlement, finding petitioner entitled to compensation for a SIRVA Table injury. See ECF No. 18. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded 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-01843-UNJ Document 34 Filed 11/10/25 Page 4 of 5 the following: A. Pain and Suffering Respondent proffers that petitioner should be awarded $70,000.00 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 $503.81. 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 $70,503.81 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Luzita Powell. 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-01843-UNJ Document 34 Filed 11/10/25 Page 5 of 5 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division COLLEEN HARTLEY Assistant Director Torts Branch, Civil Division /s/ Sara DeStefano SARA DESTEFANO 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) 307-6545 E-mail: sara.destefano@usdoj.gov DATED: October 7, 2025 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-01843-cl-extra-11200816 Date issued/filed: 2025-11-10 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10734231 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1843V LUZITA POWELL, Chief Special Master Corcoran Petitioner, Filed: October 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan P. Growth, Growth Law Firm, S.C., Wauwatosa, WI, for Petitioner. Sara DeStefano, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 12, 2024, Luzita Powell 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 26, 2023. Petition at 1, ¶¶ 2, 14, 16-17. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 7, 2025, I issued a ruling on entitlement, finding Petitioner entitled to compensation for her SIRVA. On October 7, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $70,503.81, representing $70,000.00 for pain and suffering and $503.81 for past unreimbursable expenses. Proffer at 2. 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). 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 $70,503.81, representing $70,000.00 for pain and suffering and $503.81 for actual unreimbursable expense, 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LUZITA POWELL, Petitioner, v. No. 24-1843V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION 1 On November 12, 2024, Luzita Powell (“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 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 October 26, 2023. Petition at 3. On July 3, 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. 17. On July 7, 2025, Chief Special Master Corcoran issued a ruling on entitlement, finding petitioner entitled to compensation for a SIRVA Table injury. See ECF No. 18. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. the following: A. Pain and Suffering Respondent proffers that petitioner should be awarded $70,000.00 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 $503.81. 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 $70,503.81 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Luzita Powell. 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 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division COLLEEN HARTLEY Assistant Director Torts Branch, Civil Division /s/ Sara DeStefano SARA DESTEFANO 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) 307-6545 E-mail: sara.destefano@usdoj.gov DATED: October 7, 2025 3