VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00476
Package ID: USCOURTS-cofc-1_16-vv-00476
Petitioner: Luciana Desa
Filed: 2016-04-14
Decided: 2017-02-15
Vaccine: influenza
Vaccination date: 2015-08-29
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 180000

AI-assisted case summary:
Luciana Desa filed a petition for compensation under the National Vaccine Injury Compensation Program on April 14, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on August 29, 2015. The case was assigned to the Special Processing Unit. On July 1, 2016, the respondent conceded that petitioner was entitled to compensation, finding that the evidence established that the injury to her left shoulder was caused by the flu vaccine and that the statutory six-month sequela requirement was satisfied. A ruling on entitlement was issued on July 5, 2016. Subsequently, on October 28, 2016, the respondent filed a proffer on award of compensation, proposing an award of $180,000.00, which petitioner agreed to. The court found that petitioner was entitled to this award and issued a decision awarding a lump sum payment of $180,000.00 on February 15, 2017.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00476-0
Date issued/filed: 2016-08-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/05/2016) regarding 12 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00476-UNJ Document 16 Filed 08/29/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-476V
Filed: July 5, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LUCIANA DESA, *
*
v. *
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner.
Christine Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 14, 2016, Luciana Desa (“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” or “Program”). Petitioner alleges that she suffered injuries,
including a shoulder injury related to vaccine administration (“SIRVA”) resulting from the
influenza vaccine she received on August 29, 2015. Petition at 1. Petitioner further
alleges that she has suffered the residual effects of her injury for more than six months
and that neither she nor any other person has received compensation for her injuries,
alleged as vaccine caused. Id. at ¶¶ 8-9. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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 (2012)). 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 1:16-vv-00476-UNJ Document 16 Filed 08/29/16 Page 2 of 2
On July 1, 2016, 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 administration of her
August 29, 2015, flu vaccine, and that petitioner’s injury is not due to factors unrelated
to the administration of the flu vaccine.” Id. at 4 (citation omitted). Respondent further
indicates that she “the statutory six month sequela requirement has been satisfied.” Id.
(citation omitted).
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00476-1
Date issued/filed: 2017-02-15
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/28/2016) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00476-UNJ Document 25 Filed 02/15/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-476V
Filed: October 28, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LUCIA DESA, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza Vaccine (“Flu Vaccine”);
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner.
Christine M. Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 14, 2016, Luciana Desa (“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” or “Program”). Petitioner alleges that she suffered injuries,
including a shoulder injury related to vaccine administration (“SIRVA”) resulting from the
influenza vaccine she received on August 29, 2015. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On July 5, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation. (ECF No. 12). On October 28, 2016, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $180,000.00.
Proffer at 1 (ECF No. 19). In the Proffer, respondent represented that petitioner agrees
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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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 1:16-vv-00476-UNJ Document 25 Filed 02/15/17 Page 2 of 4
with the proffered award. Id. 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 $180,000.00 in the form of a check payable to
petitioner, Luciana Desa. 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 1:16-vv-00476-UNJ Document 25 Filed 02/15/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
LUCIANA DESA, )
)
Petitioner, )
) No. 16-476V
v. ) Chief Special Master Dorsey
) 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
$180,000.00 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 $180,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
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 1:16-vv-00476-UNJ Document 25 Filed 02/15/17 Page 4 of 4
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Date: October 28, 2016
2