VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01080
Package ID: USCOURTS-cofc-1_16-vv-01080
Petitioner: Jean De Bary
Filed: 2016-06-16
Decided: 2018-04-30
Vaccine: influenza (flu)
Vaccination date: 2014-10-04
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Jean De Bary filed a petition for compensation under the National Vaccine Injury Compensation Program on August 29, 2016, alleging that she suffered an injury to her left shoulder as a result of an influenza ("flu") vaccine she received on October 4, 2014. The condition alleged was Shoulder Injury Related to Vaccine Administration (SIRVA). The case was assigned to the Special Processing Unit. On November 18, 2016, a ruling on entitlement was issued, finding Ms. De Bary entitled to compensation. On June 16, 2017, the respondent filed a proffer on award of compensation, proposing an award of $80,000.00, which Ms. De Bary agreed to. The decision dated April 30, 2018, awarded Ms. De Bary a lump sum payment of $80,000.00, in the form of a check payable to her, for all damages. Ms. De Bary is a competent adult. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Ilene Claire Albala of the U.S. Department of Justice. The decision was issued by Chief Special Master Nora Beth Dorsey.

Theory of causation field:
Petitioner Jean De Bary alleged injury to her left shoulder, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), following an influenza (flu) vaccine received on October 4, 2014. A ruling on entitlement was issued on November 18, 2016, finding petitioner entitled to compensation. Respondent filed a proffer on June 16, 2017, proposing an award of $80,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), which petitioner agreed to. The Special Master awarded a lump sum of $80,000.00 on April 30, 2018. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the SIRVA diagnosis or its link to the vaccine. The theory of causation is based on the "Table" for SIRVA, as indicated by the case assignment to the Special Processing Unit and the subsequent entitlement ruling. Petitioner was represented by Ronald Craig Homer, and respondent by Ilene Claire Albala. Chief Special Master Nora Beth Dorsey issued the decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01080-1
Date issued/filed: 2018-04-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/16/2017) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01080-UNJ Document 42 Filed 04/30/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1080V
Filed: June 16, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JEAN DE BARY, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Ilene Claire Albala, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 29, 2016, Jean De Bary (“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 an injury to her left
shoulder as a result of an influenza (“flu”) vaccine she received on October 4, 2014.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On November 18, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On June 16, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $80,000.00.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
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-01080-UNJ Document 42 Filed 04/30/18 Page 2 of 4
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 $80,000.00, in the form of a check payable to
petitioner, Jean De Bary. 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-01080-UNJ Document 42 Filed 04/30/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JEAN DE BARY, )
)
Petitioner, )
) No. 16-1080V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On November 18, 2016, 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 $80,000.00, 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 $80,000.00, 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-01080-UNJ Document 42 Filed 04/30/18 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
VORIS E. JOHNSON, JR.
Senior Trial Attorney
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: June 16, 2017
2