VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00668
Package ID: USCOURTS-cofc-1_14-vv-00668
Petitioner: Aimee Deak
Filed: 2014-10-24
Decided: 2015-02-24
Vaccine: influenza
Vaccination date: 2012-10-13
Condition: shoulder injury related to vaccine administration or SIRVA
Outcome: compensated
Award amount USD: 166542

AI-assisted case summary:
Aimee Deak filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by a flu vaccination she received on October 13, 2012. The respondent, the Secretary of Health and Human Services, filed a report conceding that petitioner's SIRVA was more likely than not caused by the vaccination and that her injury lasted for more than six months. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Aimee Deak entitled to compensation. Subsequently, the respondent filed a proffer on the award of compensation, proposing an amount of $166,542.49, which included $6,000.00 for past unreimbursed expenses and $160,000.00 for pain and suffering. The petitioner agreed to these amounts. The Chief Special Master issued a decision awarding Aimee Deak a lump sum payment of $166,542.49.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00668-0
Date issued/filed: 2014-11-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/24/2014) regarding 16 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00668-UNJ Document 18 Filed 11/21/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-668V
Filed: October 24, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
AIMEE DEAK, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccine or Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration or SIRVA
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On July 29, 2014, Aimee Deak filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. Petitioner alleged that she suffered a shoulder injury which
was caused in fact by the flu vaccination she received on October 13, 2012. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 24, 2014, respondent filed her Rule 4(c) report [“Res. Report”] in
which she concedes that petitioner is entitled to compensation in this case. Res. Report
at 5. Specifically, respondent indicates “that petitioner’s SIRVA was more likely than not
caused by the October 13, 2012, flu vaccination.” Id. Respondent agrees that
petitioner’s injury lasted for more than six months and that no other causes for
petitioner’s injury can be identified. Id.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act
of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2006)). 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00668-UNJ Document 18 Filed 11/21/14 Page 2 of 2
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00668-1
Date issued/filed: 2015-02-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/12/2015) regarding 24 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00668-UNJ Document 28 Filed 02/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-668V
Filed: January 12, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
AIMEE DEAK, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza Vaccine or Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; SIRVA,
AND HUMAN SERVICES, * Special Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Meredith Daniels (acting for Ronald Homer), Conway, Homer & Chin-Caplan, P.C.,
Boston, MA, for petitioner.
Lisa Watts, US Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On July 29, 2014, Aimee Deak filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. Petitioner alleged that she suffered a shoulder injury which
was caused in fact by the flu vaccination she received on October 13, 2012. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 24, 2014, I issued a ruling on entitlement, finding petitioner entitled to
compensation. On January 12, 2015, respondent filed a proffer on award of
compensation [“Proffer”] indicating petitioner should be awarded $166,542.49,3 an
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it on the United States Court of Federal Claims' website, in accordance with the E-Government
Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2006)). 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).
3 On page 3 of the proffer, the total is listed as $166,542.59 instead of $166,542.49. Since all other
amounts indicate 49 cents, it appears that total ($166,542.59) was mistakenly increased by 10 cents.

Case 1:14-vv-00668-UNJ Document 28 Filed 02/24/15 Page 2 of 2
amount representing $6,000.00 in past unreimbursed expenses, $160,000.00 in pain
and suffering, $542.49 in past unreimbursed expenses. Proffer at 2. According to
respondent’s Proffer, petitioner agrees to each of these proposed amounts. Id. at 1-2.
Respondent indicates petitioner is a competent adult and guardianship is not required in
this case. Id. at 2.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $166,542.49 in the form of a check payable to petitioner, Aimee
Deak. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.4
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2