VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00839
Package ID: USCOURTS-cofc-1_17-vv-00839
Petitioner: Connie Osborne
Filed: 2017-06-21
Decided: 2018-09-26
Vaccine: influenza
Vaccination date: 2016-08-24
Condition: left-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 83000

AI-assisted case summary:
Connie Osborne filed a petition for compensation on June 21, 2017, alleging that an influenza vaccine received on August 24, 2016, caused a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the claim met the Table criteria for SIRVA, noting that the petitioner had no prior shoulder issues, experienced pain and reduced range of motion within 48 hours of vaccination, and that these symptoms were limited to the injected shoulder. The respondent also agreed that the injury persisted for more than six months, establishing a presumption of vaccine causation. A ruling on entitlement was issued on March 5, 2018, finding Ms. Osborne entitled to compensation. Subsequently, on September 26, 2018, a decision awarding damages was issued based on a proffer. The parties stipulated to an award of $83,000.00, representing compensation for all eligible damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00839-0
Date issued/filed: 2018-06-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 3/5/2018) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00839-UNJ Document 26 Filed 06/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0839V
Filed: March 5, 2018
UNPUBLISHED
CONNIE OSBORNE,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH Administration (SIRVA)
AND HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 21, 2017, Connie Osborne (“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 her receipt of an influenza (“flu”)
vaccine on August 24, 2016, caused her to suffer a left-sided shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 2, 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 states that “petitioner’s claim meets the Table criteria for
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-00839-UNJ Document 26 Filed 06/12/18 Page 2 of 2
SIRVA. Specifically, petitioner had no history of pain, inflammation or dysfunction of the
affected shoulder prior to intramuscular vaccine administration that would explain the
alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after
vaccine injection; she suffered the onset of pain within forty-eight hours of vaccine
administration; her pain and reduced range of motion were limited to the shoulder in
which the intramuscular vaccine was administered; and there is no other condition or
abnormality present that would explain her symptoms.” Id. at 4. Respondent further
agrees that petitioner’s SIRVA and its sequela persisted for more than six months after
administration of the vaccine, and therefore, petitioner is entitled to a presumption of
vaccine causation. 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-00839-1
Date issued/filed: 2018-09-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/26/2018) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00839-UNJ Document 35 Filed 09/26/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0839V
Filed: June 26, 2018
UNPUBLISHED
CONNIE OSBORNE,
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.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 21, 2017, Connie Osborne (“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 her receipt of an influenza (“flu”)
vaccine on August 24, 2016, caused her to suffer a left-sided shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 5, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation. On June 26, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $83,000.00. Proffer at
1. In the Proffer, respondent represented that petitioner agrees with the proffered
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-00839-UNJ Document 35 Filed 09/26/18 Page 2 of 4
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 $83,000.00, in the form of a check payable to
petitioner, Connie Osborne. 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-00839-UNJ Document 35 Filed 09/26/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CONNIE OSBORNE, )
)
Petitioner, )
) No. 17-839V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On March 5, 2018, Chief Special Master Dorsey issued a Ruling on Entitlement finding
that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine
Administration (“SIRVA”). Based on the evidence of record, respondent proffers that petitioner
should be awarded $83,000.00. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $83,000.00 in the form of a check payable to petitioner.1 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, respondent reserves the right to
move the Court for appropriate relief. In particular, respondent would oppose any award for
future medical expenses, future pain and suffering, and future lost wages.
1

Case 1:17-vv-00839-UNJ Document 35 Filed 09/26/18 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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Amy P. Kokot
AMY P. KOKOT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4118
Dated: June 26, 2018
2