VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00811
Package ID: USCOURTS-cofc-1_17-vv-00811
Petitioner: Catherine Fry
Filed: 2017-06-15
Decided: 2018-12-19
Vaccine: influenza
Vaccination date: 2016-10-24
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 75500

AI-assisted case summary:
Catherine Fry filed a petition for compensation under the National Vaccine Injury Compensation Program on June 15, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccination received on October 24, 2016. The respondent, through Camille Michelle Collett of the U.S. Department of Justice, filed a Rule 4(c) report conceding that the alleged injury was consistent with SIRVA and was caused in fact by the influenza vaccine. The respondent further agreed that Ms. Fry had satisfied all legal prerequisites for compensation. On April 3, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Fry entitled to compensation. Subsequently, on November 5, 2018, the respondent filed a proffer agreeing to an award of $75,500.45. Ms. Fry, represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, agreed with this proffered award, which represented compensation for all damages available under the Act. Chief Special Master Dorsey issued a decision awarding Ms. Fry a lump sum payment of $75,500.45 on December 19, 2018. The award was to be paid by check to Catherine Fry and represented compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a). The decision noted that attorneys' fees and litigation costs would be determined at a later date upon submission of substantiating documentation.

Theory of causation field:
Petitioner Catherine Fry alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccine received on October 24, 2016. The respondent conceded that the alleged injury was consistent with SIRVA and was caused in fact by the vaccine. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No specific medical experts were named in the public text. The respondent's concession led to a ruling on entitlement by Chief Special Master Nora Beth Dorsey on April 3, 2018. A subsequent proffer on award of compensation was filed by respondent on November 5, 2018, agreeing to a lump sum payment of $75,500.45, which petitioner accepted. Chief Special Master Dorsey issued the final decision awarding this amount on December 19, 2018. Petitioner was represented by Leah VaSahnja Durant and respondent by Camille Michelle Collett.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00811-0
Date issued/filed: 2018-06-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/03/2018) regarding 20 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:17-vv-00811-UNJ Document 29 Filed 06/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-811V
Filed: April 3, 2018
UNPUBLISHED
CATHERINE FRY,
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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 15, 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”), resulting from an influenza (“flu”) vaccination she received on
October 24, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On March 31, 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
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-00811-UNJ Document 29 Filed 06/12/18 Page 2 of 2
at 1. Specifically, respondent states that the Division of Injury Compensation,
Department of Health and Human Services (“DICP”) “believes that the alleged injury is
consistent with a left shoulder injury related to vaccine administration (“SIRVA”) and that
it was caused in fact by the influenza vaccine petitioner received on October 24, 2016.”
Id. at 4. Respondent further agrees that “based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation under the Act”. Id. at 5.
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-00811-1
Date issued/filed: 2018-12-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/08/2018) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00811-UNJ Document 43 Filed 12/19/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-811V
Filed: November 8, 2018
UNPUBLISHED
CATHERINE FRY,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 15, 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”), resulting from an influenza (“flu”) vaccination she received on
October 24, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On April 3, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her shoulder injury. On November 5, 2018, respondent filed a proffer
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-00811-UNJ Document 43 Filed 12/19/18 Page 2 of 4
on award of compensation (“Proffer”) indicating petitioner should be awarded
$75,500.45. 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. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $75,500.45 in the form of a check payable to
petitioner, Catherine Fry. This amount represents compensation for all damages that
would be available under § 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-00811-UNJ Document 43 Filed 12/19/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CATHERINE FRY,
Petitioner,
v.
No. 17-811V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND
ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 31, 2018, respondent filed a Rule 4(c) Report conceding petitioner’s
entitlement to compensation for her SIRVA injury. On April 3, 2018, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to damages in this case. Respondent
now proffers that petitioner receive an award of a lump sum of $75,500.45 in the form of a check
payable to petitioner. This amount represents compensation for all elements of compensation
under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1 This proffer does not address final
attorneys’ fees and litigation costs. Petitioner is additionally entitled to reasonable attorneys’ fees
and litigation costs, to be determined at a later date upon petitioner submitting substantiating
documentation.
Petitioner agrees with the proffered award of $75,500.45 as representing all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
Respectfully submitted,
JOSPEH H. HUNT
Assistant Attorney General
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 1:17-vv-00811-UNJ Document 43 Filed 12/19/18 Page 4 of 4
C. SALVATORE D`ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4098
DATE: November 5, 2018