VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00982
Package ID: USCOURTS-cofc-1_16-vv-00982
Petitioner: Sara Faley
Filed: 2016-08-10
Decided: 2017-12-08
Vaccine: influenza
Vaccination date: 2015-10-30
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 140000

AI-assisted case summary:
Sara Faley filed a petition for compensation under the National Vaccine Injury Compensation Program on August 10, 2016, alleging that she suffered injuries, including a shoulder injury related to vaccine administration (SIRVA), as a result of an influenza vaccine administered to her left shoulder on October 30, 2015. The case was assigned to the Special Processing Unit. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 5, 2017, conceding that petitioner's alleged injury was consistent with SIRVA and that she met the statutory requirements for compensation, including having the condition for more than six months. Based on respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 5, 2017, finding Sara Faley entitled to compensation. Subsequently, on April 17, 2017, respondent filed a proffer on the award of compensation, recommending an award of $140,000.00. Petitioner agreed to this amount. In a decision dated December 8, 2017, Chief Special Master Dorsey awarded Sara Faley a lump sum payment of $140,000.00, payable by check to petitioner, representing compensation for all available damages under the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Ilene Claire Albala. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Sara Faley received an influenza vaccine on October 30, 2015, and subsequently alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the alleged injury was consistent with SIRVA and that petitioner met the statutory requirements for compensation. The theory of causation relied upon was the "Table" category for SIRVA. No specific medical experts were named in the public text. The outcome was a compensated award of $140,000.00, representing all available damages, awarded as a lump sum payment. The decision on entitlement was issued by Chief Special Master Nora Beth Dorsey on January 5, 2017, and the final decision awarding damages was issued on December 8, 2017. Petitioner's counsel was Leah V. Durant, and respondent's counsel was Ilene C. Albala.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00982-0
Date issued/filed: 2017-04-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/05/2017) regarding 17 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. Modified on 6/19/2017 to correct docket text (kh).
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Case 1:16-vv-00982-UNJ Document 30 Filed 04/27/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0982V
Filed: January 5, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SARA FALEY, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah VaSahnja Durant, Law Offices, Washington, DC, for petitioner.
Ilene Claire Albala, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 10, 2016, Sara Faley (“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 suffered injuries, including a
shoulder injury related to vaccine administration (“SIRVA”), as a result of the
administration of an influenza (“flu”) vaccine to her left shoulder on October 30, 2015.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 5, 2017, 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 “petitioner’s alleged injury is consistent with a
shoulder injury related to vaccine administration” and that petitioner has met the
statutory requirements by suffering the condition for more than six months. Id. at 3.
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. 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-00982-UNJ Document 30 Filed 04/27/17 Page 2 of 2
Respondent further agrees that petitioner has satisfied all legal prerequisites for
compensation under the Act. Id.
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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00982-1
Date issued/filed: 2017-12-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/18/2017) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00982-UNJ Document 37 Filed 12/08/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0982V
Filed: April 18, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SARA FALEY, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Offices, Washington, DC, for petitioner.
Ilene C. Albala, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 10, 2016, Sara Faley (“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 suffered injuries, including a
shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza
(“flu”) vaccine she received on October 30, 2015. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On January 5, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On April 17, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $140,000.00. Proffer
at 1. In the Proffer, respondent represented that petitioner agrees with the proffered
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-00982-UNJ Document 37 Filed 12/08/17 Page 2 of 4
award. 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 $140,000.00, in the form of a check payable to
petitioner, Sara Faley. 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-00982-UNJ Document 37 Filed 12/08/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SARA FALEY, )
)
Petitioner, )
) No. 16-982V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On January 5, 2017, Chief Special Master Dorsey issued a Ruling on Entitlement finding
that petitioner was entitled to vaccine compensation. Based upon the evidence of record,
respondent proffers that petitioner should be awarded $140,000.00, 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $140,000.00, in the form of a check payable to petitioner.
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to the 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.
1

Case 1:16-vv-00982-UNJ Document 37 Filed 12/08/17 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Ilene Albala
ILENE ALBALA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-3655
Dated: April 17, 2017
2