VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00003
Package ID: USCOURTS-cofc-1_15-vv-00003
Petitioner: Kimberly Durgala
Filed: 2015-01-05
Decided: 2015-09-02
Vaccine: influenza
Vaccination date: 2013-11-25
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Kimberly Durgala 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 the trivalent influenza vaccine she received on November 25, 2013. The respondent, the Secretary of Health and Human Services, conceded that the evidence established that petitioner's left shoulder injury was caused-in-fact by the flu vaccine and that the injury lasted for more than six months. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Ms. Durgala entitled to compensation. Subsequently, the parties filed a proffer on award of compensation, agreeing to a lump sum payment of $125,000.00 for all damages. The court issued a decision awarding this amount. Later, the parties filed a stipulation concerning attorneys' fees and costs, agreeing to an award of $16,000.00, which was also approved by the court. The case was resolved through concessions and stipulations, resulting in compensation for Ms. Durgala.

Theory of causation field:
Off-Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00003-0
Date issued/filed: 2015-05-15
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 04/24/2015) regarding 13 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00003-UNJ Document 17 Filed 05/15/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0003V
Filed: April 24, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIMBERLY DURGALA, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza or Flu Vaccine;
* Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration; SIRVA;
AND HUMAN SERVICES, * Special Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael McLaren, Esq. Black, McLaren, Jones, Ryland & Griffee, P.C., Memphis, TN,
for petitioner.
Ann Martin, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On January 5, 2015, Kimberly Durgala 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 alleges that she suffered a shoulder injury
related to vaccine administration [“SIRVA”] which was caused by the trivalent influenza
vaccine she received on November 25, 2013. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On April 24, 2015, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “has concluded that a preponderance of evidence
establishes that the injury to petitioner’s left shoulder was caused-in-fact by the
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 1:15-vv-00003-UNJ Document 17 Filed 05/15/15 Page 2 of 2
administration of her November 25, 2013, flu vaccine.” Id. at 2. Respondent further
agrees that petitioner’s injury lasted for more than six months and “is not due to factors
unrelated to the administration of the flu vaccine.” Id.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00003-1
Date issued/filed: 2015-06-18
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/28/2015) regarding 19 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00003-UNJ Document 23 Filed 06/18/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0003V
Filed: May 28, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIMBERLY DURGALA, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza or Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael McLaren, Esq. Black, McLaren, Jones, Ryland & Griffee, P.C., Memphis, TN,
for petitioner.
Ann Martin, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On January 5, 2015, Kimberly Durgala 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 alleges that she suffered a shoulder injury
related to vaccine administration [“SIRVA”] which was caused by the trivalent influenza
vaccine she received on November 25, 2013. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On April 24, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation. On May 28, 2015, respondent filed a proffer on award of compensation
[“Proffer”] indicating petitioner should be awarded $125,000.00. Proffer at 1. According
to respondent’s Proffer, petitioner agrees to this proposed amount. Id.
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).

Case 1:15-vv-00003-UNJ Document 23 Filed 06/18/15 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $125,000.00 in the form of a check payable to petitioner,
Kimberly Durgala. 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.3
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 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

CCaassee 11::1155--vvvv--0000000033--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 0056//2188//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KIMBERLY DURGALA, )
)
Petitioner, )
) No. 15-3V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$125,000.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $125,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
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 medical
expenses, future lost earnings, and future pain and suffering.

CCaassee 11::1155--vvvv--0000000033--UUNNJJ DDooccuummeenntt 1283 FFiilleedd 0056//2188//1155 PPaaggee 24 ooff 24
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ ANN D. MARTIN
ANN D. MARTIN
Senior 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) 307-1815
DATED: May 28, 2015
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_15-vv-00003-2
Date issued/filed: 2015-09-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/31/2015) regarding 25 DECISION Fees Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00003-UNJ Document 28 Filed 09/02/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0003V
Filed: July 31, 2015
(Unpublished)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIMBERLY DURGALA, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation;
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael McLaren, Black McLaren Jones Ryland & Griffee, Memphis, TN, for petitioner.
Ann Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On January 5, 2015, Kimberly Durgala 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 alleges that she suffered a shoulder injury
related to vaccine administration [“SIRVA”] which was caused by the trivalent influenza
vaccine she received on November 25, 2013. Petition at 1. On May 28, 2015, I issued
a decision awarding compensation to petitioner based on a proffer.
On July 31, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties agree upon an award of
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision 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), petitioners have 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 1:15-vv-00003-UNJ Document 28 Filed 09/02/15 Page 2 of 2
$16,000.00. In accordance with General Order #9, petitioner’s counsel represents that
petitioner incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs.
§ 15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total of $16,000.003 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Michael G. McLaren.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2