VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00345
Package ID: USCOURTS-cofc-1_17-vv-00345
Petitioner: Billie K. Damet
Filed: 2017-03-14
Decided: 2018-05-10
Vaccine: influenza
Vaccination date: 2015-09-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 147845

AI-assisted case summary:
Billie K. Damet filed a petition for vaccine injury compensation on March 14, 2017, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 30, 2015. The case was assigned to the Special Processing Unit. Respondent conceded entitlement to compensation, agreeing that Ms. Damet experienced a SIRVA within 48 hours of her flu vaccination and had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on October 27, 2017, finding her entitled to compensation. Subsequently, on January 4, 2018, the parties filed a proffer on the award of compensation. Respondent proposed an award of $147,845.27, consisting of $725.50 for past unreimbursable expenses, $7,119.77 for past lost wages, and $140,000.00 for pain and suffering. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Damet the lump sum of $147,845.27, representing compensation for all damages available under the Vaccine Act. The decision was dated May 10, 2018.

Theory of causation field:
Off-Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00345-0
Date issued/filed: 2018-04-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 1/4/2018) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00345-UNJ Document 32 Filed 04/11/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-345V
Filed: January 4, 2018
UNPUBLISHED
BILLIE K. DAMET,
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.
Paul Walkinshaw, Rawls Law Group, Fairfax, VA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 14, 2017, 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 a shoulder injury related to vaccine
administration (“SIRVA”) following an influenza (“flu”) vaccination administered on
September 30, 2015. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On October 27, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On January 4, 2018, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$147,845.27 consisting of $725.50 in past unreimbursable expenses; $7,119.77 in 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 1:17-vv-00345-UNJ Document 32 Filed 04/11/18 Page 2 of 4
lost wages, and $140,000.00 for pain and suffering. 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 $147,845.27 (consisting of $725.50 for past
unreimbursable expenses; $7,119.77 for past lost wages, and $140,000.00 for pain
and suffering in the form of a check payable to petitioner, Billie K. Damet. 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 1:17-vv-00345-UNJ Document 32 Filed 04/11/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BILLIE K. DAMET,
Petitioner,
v. No. 17-345V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 14, 2017, Billie K. Damet (“petitioner”) filed a petition for vaccine injury
compensation alleging that she suffered a right shoulder injury related to vaccine administration
(“SIRVA”), which was caused-in-fact by an influenza (“flu”) vaccination administered on
September 30, 2015. Respondent filed his Rule 4(c) Report conceding entitlement to
compensation on October 26, 2017. The Chief Special Master issued a Ruling on Entitlement on
October 27, 2017.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$147,845.27, consisting of past unreimbursable expenses ($725.50), past lost earnings
($7,119.77), and pain and suffering ($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.
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.
1

Case 1:17-vv-00345-UNJ Document 32 Filed 04/11/18 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $147,845.27 in the form of a check payable to petitioner.2
Petitioner agrees.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Lisa A. Watts
LISA A. WATTS
Senior 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) 616-4099
DATED: January 4, 2018
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-00345-1
Date issued/filed: 2018-05-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/27/2017) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00345-UNJ Document 35 Filed 05/10/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-345V
Filed: October 27, 2017
UNPUBLISHED
BILLIE K. DAMET,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Paul Walkinshaw, Rawls Law Group, Fairfax, VA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 14, 2017, 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 a right shoulder injury related to
vaccine administration (“SIRVA”) that was caused-in-fact by an influenza (“flu”)
vaccination administered on September 30, 2015. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 26, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent opined that petitioner experienced a SIRVA within 48
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 1:17-vv-00345-UNJ Document 35 Filed 05/10/18 Page 2 of 2
hours of receiving a flu vaccination. Id. at 4. Respondent further agrees that petitioner
has satisfied all legal prerequisites for compensation under the Vaccine Act. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master