VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-01088 Package ID: USCOURTS-cofc-1_25-vv-01088 Petitioner: Shauna McAllister Filed: 2025-06-27 Decided: 2026-03-10 Vaccine: influenza Vaccination date: 2024-09-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 95540 AI-assisted case summary: On June 27, 2025, Shauna McAllister filed a petition seeking compensation under the Vaccine Act. She alleged that an influenza vaccine administered on September 21, 2024 caused a shoulder injury related to vaccine administration. The petition stated that she experienced residual effects for more than six months and had not received a prior civil award or settlement for the injury. The entitlement ruling itself is short and the extracted public text does not preserve detailed medical history, but the damages decision and proffer identify the case as a Table SIRVA claim. On February 20, 2026, respondent filed a Rule 4(c) report stating that the case was appropriate for compensation under the Act for a SIRVA Table injury. That same day, Chief Special Master Brian H. Corcoran issued a ruling finding Ms. McAllister entitled to compensation. On March 6, 2026, respondent filed a proffer on damages, representing that Ms. McAllister agreed with the proposed award. The proffer did not include a detailed clinical timeline in the public text; it stated that the evidence supported compensation for pain and suffering and for past unreimbursable expenses related to the vaccine injury. Ms. McAllister was identified as a competent adult, so no guardianship evidence was required. On March 10, 2026, Chief Special Master Corcoran awarded $95,540.00 as a lump sum payable through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement. The award consisted of $95,000.00 for pain and suffering and $540.00 for past unreimbursable expenses. The decision stated that this amount represented all compensation available for damages under the Vaccine Act. Ms. McAllister was represented by Laura Levenberg of Muller Brazil, LLP in Dresher, Pennsylvania. Theory of causation field: Influenza vaccine on September 21, 2024 causing Table shoulder injury related to vaccine administration (SIRVA). ENTITLEMENT GRANTED; COMPENSATED. Petition filed June 27, 2025. Respondent filed Rule 4(c) report February 20, 2026 indicating compensation was appropriate for Table SIRVA; Chief Special Master Brian H. Corcoran granted entitlement the same day. Damages proffer filed March 6, 2026; decision March 10, 2026. Public text gives limited clinical detail and no detailed onset/treatment timeline. Award $95,540 lump sum ($95,000 pain and suffering + $540 past unreimbursable expenses), paid via counsel IOLTA. Attorney: Laura Levenberg, Muller Brazil, LLP, Dresher PA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-01088-0 Date issued/filed: 2026-03-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/20/2026) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-01088-UNJ Document 27 Filed 03/24/26 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-1088V SHAUNA MCALLISTER, Chief Special Master Corcoran Petitioner, Filed: February 20, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 27, 2025, Shauna McAllister 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 the influenza (“flu”) vaccination received on September 21, 2024. Petition at ¶¶ 1, 15. Petitioner further alleges 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. Petition at ¶¶ 11-13. 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 1:25-vv-01088-UNJ Document 27 Filed 03/24/26 Page 2 of 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_25-vv-01088-1 Date issued/filed: 2026-04-24 Pages: 6 Docket text: PUBLIC DECISION (Originally filed: 03/10/2026 ) regarding 23 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-01088-UNJ Document 29 Filed 04/24/26 Page 1 of 6 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-1088V SHAUNA MCALLISTER, Chief Special Master Corcoran Petitioner, Filed: March 10, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 27, 2025, Shauna McAllister 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 (“flu”) vaccination received on September 21, 2024. Petition at ¶¶ 1, 15. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 20, 2026, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On March 6, 2026, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $95,540.00, consisting of $95,000.00 for pain and suffering and $540.00 for past unreimbursable expenses. Proffer at 1-2. 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 1:25-vv-01088-UNJ Document 29 Filed 04/24/26 Page 2 of 6 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $95,540.00, 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 1:25-vv-01088-UNJ Document 29 Filed 04/24/26 Page 3 of 6 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS SHAUNA MCALLISTER, Petitioner, No. 25-1088V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON DAMAGES On June 27, 2025, Shauna McAllister (“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 Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on September 21, 2024. Petition at 1. On February 20, 2026, 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 the same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner was entitled to compensation. ECF Nos. 16, 17. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $95,000.00 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 1 Case 1:25-vv-01088-UNJ Document 29 Filed 04/24/26 Page 4 of 6 related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $540.00. 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 $95,540.00 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: $95,540.00 Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant 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 1:25-vv-01088-UNJ Document 29 Filed 04/24/26 Page 5 of 6 /s/ Mary Novakovic MARY NOVAKOVIC 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) 616-2879 Email: Mary.E.Novakovic@usdoj.gov Date: March 6, 2026 3 Case 1:25-vv-01088-UNJ Document 29 Filed 04/24/26 Page 6 of 6 CERTIFICATE OF SERVICE I certify that on this 6th day of March 2026, a true and correct copy of the foregoing proffer will be served upon petitioner’s counsel, Laura Levenberg, via email at laura@mullerbrazil.com. /s/ Mary Novakovic MARY NOVAKOVIC 4 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_25-vv-01088-cl-extra-11315876 Date issued/filed: 2026-04-24 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10848500 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-1088V SHAUNA MCALLISTER, Chief Special Master Corcoran Petitioner, Filed: March 10, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 27, 2025, Shauna McAllister 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 (“flu”) vaccination received on September 21, 2024. Petition at ¶¶ 1, 15. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 20, 2026, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On March 6, 2026, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $95,540.00, consisting of $95,000.00 for pain and suffering and $540.00 for past unreimbursable expenses. Proffer at 1-2. 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). Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $95,540.00, 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 SHAUNA MCALLISTER, Petitioner, v. No. 25-1088V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON DAMAGES On June 27, 2025, Shauna McAllister (“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 Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on September 21, 2024. Petition at 1. On February 20, 2026, 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 the same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner was entitled to compensation. ECF Nos. 16, 17. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $95,000.00 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 1 related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $540.00. 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 $95,540.00 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: $95,540.00 Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant 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 /s/ Mary Novakovic MARY NOVAKOVIC 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) 616-2879 Email: Mary.E.Novakovic@usdoj.gov Date: March 6, 2026 3 CERTIFICATE OF SERVICE I certify that on this 6th day of March 2026, a true and correct copy of the foregoing proffer will be served upon petitioner’s counsel, Laura Levenberg, via email at laura@mullerbrazil.com. /s/ Mary Novakovic MARY NOVAKOVIC 4