VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00650
Package ID: USCOURTS-cofc-1_17-vv-00650
Petitioner: Donna T. Hyatt
Filed: 2017-05-17
Decided: 2018-09-05
Vaccine: influenza
Vaccination date: 2015-09-14
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 81085

AI-assisted case summary:
Donna T. Hyatt filed a petition for compensation under the National Vaccine Injury Compensation Program on May 17, 2017, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of her September 14, 2015 influenza vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Hyatt suffered a Table injury of SIRVA within the Table time period and that there was no preponderance of medical evidence indicating an unrelated cause. The respondent also agreed that Ms. Hyatt met the statutory severity requirement, having experienced sequelae of her injury for more than six months, and satisfied all other legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 7, 2018, finding Ms. Hyatt entitled to compensation. Subsequently, on May 14, 2018, the respondent filed an amended proffer on award of compensation. On September 5, 2018, Chief Special Master Dorsey issued a decision awarding damages based on this proffer. Ms. Hyatt received a total award of $81,085.82. This award included a lump sum payment of $80,000.00 for pain and suffering, payable to Ms. Hyatt, and a lump sum payment of $1,085.82 to satisfy a State of South Carolina Medicaid lien, payable jointly to Ms. Hyatt and Equian, LLC. Petitioner counsel was Shealene Priscilla Wasserman of Muller Brazil, LLP, and respondent counsel was Voris Edward Johnson of the U.S. Department of Justice. Ms. Hyatt is a competent adult.

Theory of causation field:
Petitioner Donna T. Hyatt alleged a right shoulder injury related to vaccine administration (SIRVA) following her September 14, 2015 influenza vaccination. The respondent conceded that the injury was a Table injury of SIRVA within the Table time period and that there was no evidence of an unrelated cause. The respondent also conceded that the statutory severity requirement was met. The case proceeded to a ruling on entitlement on February 7, 2018, finding petitioner entitled to compensation. A subsequent decision on September 5, 2018, awarded $81,085.82, comprising $80,000.00 for pain and suffering and $1,085.82 to satisfy a Medicaid lien. The theory of causation relied on the "Table" provision of the Vaccine Act, with the respondent conceding the elements of a Table injury. No specific medical experts or detailed mechanism of injury beyond the general category of SIRVA were described in the public text. Petitioner was represented by Shealene Priscilla Wasserman, and respondent by Voris Edward Johnson. Chief Special Master Nora Beth Dorsey presided over the entitlement ruling and the damages decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00650-0
Date issued/filed: 2018-05-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 2/7/2018) regarding 33 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00650-UNJ Document 45 Filed 05/07/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-650V
Filed: February 7, 2018
UNPUBLISHED
DONNA T. HYATT,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 17, 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”) as a result of her September 14, 2015 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On February 7, 2018, 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 “has concluded that petitioner suffered the Table injury of
SIRVA following her September 14, 2015 flu vaccination within the Table time period,
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-00650-UNJ Document 45 Filed 05/07/18 Page 2 of 2
and there is not a preponderance of the medical evidence that petitioner’s SIRVA was
due to a factor unrelated to the vaccination.” Id. at 1. Respondent further agrees that
petitioner has met the statutory severity requirement by experiencing sequela of her
injury for more than six months, and that petitioner has satisfied all legal prerequisites to
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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00650-1
Date issued/filed: 2018-09-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/15/2018) regarding 47 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00650-UNJ Document 56 Filed 09/05/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-650V
Filed: May 15, 2018
UNPUBLISHED
DONNA T. HYATT,
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.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 17, 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”) as a result of her September 14, 2015 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On February 7, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On May 14, 2018, respondent filed an amended
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$80,000.00 as well as $1,085.82 representing compensation for satisfaction of Medicaid
lien. Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with
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-00650-UNJ Document 56 Filed 09/05/18 Page 2 of 4
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
$81,085.82 as follows:
• A lump sum payment of $80,000.00 in the form of a check payable to
petitioner, Donna T. Hyatt; and
• A lump sum payment of $1,085.82, representing compensation for
satisfaction of a State of South Carolina Medicaid lien, payable jointly to
petitioner and:
Equian, LLC
Attn: Robert Lucas, Recovery Attorney
P.O. Box 771932
Detroit, MI 48277-1932
Reference: Donna T. Hyatt, File No. 815505-172217.
Petitioner agrees to endorse this payment to Equian, LLC.
These amounts represent 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-00650-UNJ Document 56 Filed 09/05/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
DONNA T. HYATT, )
)
Petitioner, )
) No. 17-650V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S AMENDED PROFFER ON AWARD OF DAMAGES
Pursuant to the Chief Special Master’s May 1, 2018 Order, respondent submits the
following amended proffer:
On February 7, 2018, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report conceding entitlement to compensation in this matter, and the same day, the
Court entered its Ruling on Entitlement finding petitioner, Donna T. Hyatt, entitled to Vaccine
Act compensation. Respondent now proffers that petitioner receive a compensation award
consisting of:
a. a lump sum of $80,000.00 in the form of a check payable to petitioner, Donna T.
Hyatt.1 This amount represents compensation for all elements of compensation under
42 U.S.C. § 300aa-15(a)2 to which petitioner is entitled; and,
1 Petitioner is a competent adult. No guardianship is required.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.

Case 1:17-vv-00650-UNJ Document 56 Filed 09/05/18 Page 4 of 4
b. A lump sum payment of $1,085.82, representing compensation for satisfaction of a
State of South Carolina Medicaid lien, payable jointly to petitioner and:
Equian, LLC
Attn: Robert Lucas, Recovery Attorney
P.O. Box 771932
Detroit, MI 48277-1932
Reference: Donna T. Hyatt, File No. 815505-172217
Petitioner agrees to endorse this payment to Equian, LLC.
Petitioner agrees with the proffered award described above.3
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/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior 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) 616-4136
Dated: May 14, 2018
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
2