VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01028
Package ID: USCOURTS-cofc-1_16-vv-01028
Petitioner: Turmak Davis
Filed: 2016-11-23
Decided: 2018-09-05
Vaccine: influenza
Vaccination date: 2015-11-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 87661

AI-assisted case summary:
Turmak Davis filed a petition for compensation under the National Vaccine Injury Compensation Program on November 23, 2016, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 3, 2015. The respondent filed a Rule 4(c) report conceding entitlement, agreeing that the injury was consistent with SIRVA and caused in fact by the flu vaccine. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 23, 2016, finding Mr. Davis entitled to compensation. Subsequently, on May 4, 2018, the respondent filed a proffer recommending an award of $87,661.57. This amount comprised $82,500.00 for past and future pain and suffering and $5,161.57 for past out-of-pocket medical expenses. Mr. Davis agreed with this proffered award. Chief Special Master Dorsey issued a decision on September 5, 2018, awarding the lump sum of $87,661.57 to Turmak Davis, payable by check. The decision noted that this amount represented compensation for all damages available under § 300aa-15(a). Petitioner counsel was Leah Durant of the Law Offices of Leah V. Durant, PLLC, and respondent counsel was Debra Begley (later Debra A. Filteau Begley) of the U.S. Department of Justice.

Theory of causation field:
Petitioner Turmak Davis alleged a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on November 3, 2015. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA and caused in fact by the vaccine. The specific mechanism of injury and any expert testimony are not detailed in the provided public text. The case proceeded to a damages decision based on a stipulation. Chief Special Master Nora Beth Dorsey ruled on entitlement on November 23, 2016, finding petitioner entitled to compensation. On May 4, 2018, respondent proffered an award of $87,661.57, consisting of $82,500.00 for past and future pain and suffering and $5,161.57 for past out-of-pocket medical expenses, which petitioner accepted. Chief Special Master Dorsey issued a decision awarding this lump sum on September 5, 2018. Petitioner was represented by Leah Durant and respondent by Debra Begley/Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01028-0
Date issued/filed: 2017-03-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/23/2016) regarding 10 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01028-UNJ Document 16 Filed 03/06/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1028V
Filed: November 23, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TURMAK DAVIS, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah Durant, Law Offices of Leah V. Durant, Washington, DC, for petitioner.
Debra Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 19, 2016, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine on November 3,
2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On November 22, 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 concluded that petitioner’s alleged injury is
consistent with a SIRVA, and was caused in fact by the flu vaccine he received on
November 3, 2015 Id. at 3. Respondent further agrees that petitioner has met the
statutory requirements for entitlement to compensation. Id.
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-01028-UNJ Document 16 Filed 03/06/17 Page 2 of 2
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-01028-1
Date issued/filed: 2018-09-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/11/2018) regarding 46 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-01028-UNJ Document 49 Filed 09/05/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1028V
Filed: May 11, 2018
UNPUBLISHED
TURMAK DAVIS,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 19, 2016, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccination he received on
November 3, 2015. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On November 23, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On May 4, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $87,661.57
comprising $82,500.00 for past and future pain and suffering, and $5,161.57 for past
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-01028-UNJ Document 49 Filed 09/05/18 Page 2 of 4
out-of-pocket medical expenses. Proffer at 1. In the Proffer, respondent represented
that petitioner agrees with the proffered 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 $87,661.57 in the form of a check payable to
petitioner, Turmak Davis. 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-01028-UNJ Document 49 Filed 09/05/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
TURMAK DAVIS, )
)
Petitioner, )
) No. 16-1028V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
The Court issued a Ruling on Entitlement on November 23, 2016. Based upon the
evidence of record, respondent proffers that petitioner should be awarded $82,500.00, which
represents compensation for past and future pain and suffering. Respondent also proffers that
petitioner should also be awarded $5,161.57, which represents compensation for past out-of-
pocket medical expenses. These amounts represent 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
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that petitioner be awarded a lump sum payment of $87,661.57, in the
form of a check payable to petitioner. Petitioner agrees.
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.

Case 1:16-vv-01028-UNJ Document 49 Filed 09/05/18 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: May 4, 2018
2