VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01061
Package ID: USCOURTS-cofc-1_15-vv-01061
Petitioner: Tenaya Banko
Filed: 2015-12-02
Decided: 2016-05-04
Vaccine: influenza
Vaccination date: 2012-10-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Tenaya Banko filed a petition for compensation under the National Vaccine Injury Compensation Program on December 2, 2015, alleging that she received a seasonal influenza vaccine in her left arm on October 4, 2012. She subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the alleged injury was consistent with SIRVA and that petitioner met the statutory requirements for compensation. On April 25, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation based on the respondent's concession. Subsequently, on May 4, 2016, a decision awarding damages was issued. The parties agreed to a proffer on award of compensation, stipulating that petitioner should be awarded $45,000.00. Chief Special Master Dorsey awarded Tenaya Banko a lump sum payment of $45,000.00, payable by check, representing all damages available under the Act. Petitioner was represented by Tara Cristin O’Mahoney of the Law Offices of Chicago-Kent College of Law, and the respondent was represented by Julia Wernett McInerny of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Tenaya Banko alleged a shoulder injury related to vaccine administration (SIRVA) following a seasonal influenza vaccine administered on October 4, 2012. The respondent conceded that the alleged injury was consistent with SIRVA and that petitioner met the statutory requirements for compensation. The case proceeded on a "Table" theory of causation, as the injury is listed in the Vaccine Injury Table. No specific medical experts were named in the public decision. The respondent filed a proffer on award of compensation, agreeing to a $45,000.00 lump sum payment to petitioner for all damages available under the Act. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 25, 2016, and a decision awarding damages on May 4, 2016. Petitioner was represented by Tara Cristin O’Mahoney, and respondent by Julia Wernett McInerny.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01061-0
Date issued/filed: 2016-04-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/02/2015) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01061-UNJ Document 25 Filed 04/25/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1061V
Filed: December 2, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TENAYA BANKO, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”) Special
AND HUMAN SERVICES, * Processing Unit (“SPU”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Tara Cristin O’Mahoney, Law Offices of Chicago-Kent College of Law, Chicago, IL, for
petitioner.
Julia Wernett McInerny, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 22, 2015, petitioner 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 received a seasonal influenza (“flu”) vaccine
in her left arm on October 4, 2012, and subsequently suffered a shoulder injury related
to vaccine administration (“SIRVA”). Petition at 7. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 2, 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 states that the “alleged injury is consistent
with SIRVA. Based on the medical records outlined above, petitioner meets the six
month statutory requirement. Therefore, based on the record as it now stands,
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:15-vv-01061-UNJ Document 25 Filed 04/25/16 Page 2 of 2
petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 4
(citations omitted).
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-01061-1
Date issued/filed: 2016-05-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/19/2016) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01061-UNJ Document 26 Filed 05/04/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1061V
Filed: January 19, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TENAYA BANKO, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Tara Cristin O’Mahoney, Law Offices of Chicago-Kent College of Law, Chicago, IL, for
petitioner.
Julia Wernett McInerny, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 22, 2015, petitioner 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 alleged that she received a seasonal influenza (“flu”) vaccine
in her left arm on October 4, 2012, and subsequently suffered a shoulder injury related
to vaccine administration (“SIRVA”). Petition at 7. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 2, 2015, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation. On January 19, 2016, respondent filed a proffer on
award of compensation [“Proffer”] stating that petitioner should be awarded $45,000.00.
Proffer at 1. In the Proffer, respondent represents that petitioner agrees with the
proffered award.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:15-vv-01061-UNJ Document 26 Filed 05/04/16 Page 2 of 4
Based on the record as a whole, the undersigned finds that petitioner is entitled
to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $45,000.00, in the form of a check payable to
petitioner, Tenaya Banko. 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
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 1:15-vv-01061-UNJ Document 26 Filed 05/04/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
TENAYA BANKO, ) No. 15-1061
) ECF
Petitioner, ) Chief Special Master Dorsey
)
v. )
)
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
$45,000.00, 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 $45,000.00 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.

Case 1:15-vv-01061-UNJ Document 26 Filed 05/04/16 Page 4 of 4
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Julia W. McInerny
JULIA W. MCINERNY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
DATED: January 19, 2016 (202) 353-3919
2