VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00972
Package ID: USCOURTS-cofc-1_17-vv-00972
Petitioner: Mary Duncan
Filed: 2017-07-20
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2016-11-18
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 127333

AI-assisted case summary:
Mary Duncan filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination she received on November 18, 2016. Ms. Duncan further alleged that her injury's residual effects lasted for more than six months and that she had not received compensation for her alleged vaccine-caused injury. The case was assigned to the Special Processing Unit. On May 8, 2018, the respondent filed a Rule 4(c) report conceding that Ms. Duncan was entitled to compensation. The respondent determined that her alleged injury was consistent with SIRVA caused by the influenza vaccination and that she had satisfied all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 9, 2018, finding Ms. Duncan entitled to compensation. Subsequently, on August 24, 2018, the parties submitted a proffer on the award of damages. The respondent proposed an award of $127,333.06, consisting of $2,333.06 for past unreimbursable expenses and $125,000.00 for actual and projected pain and suffering. The proffer stated that Ms. Duncan agreed with this proposed award. Chief Special Master Dorsey issued a decision on August 27, 2018, awarding Ms. Duncan the stipulated lump sum of $127,333.06, payable by check to Mary Duncan. This amount represented compensation for all damages available under § 15(a) of the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice. The decision was signed by Chief Special Master Nora Beth Dorsey.

Theory of causation field:
Mary Duncan filed a petition alleging SIRVA caused by an influenza vaccine received on November 18, 2016. The respondent conceded entitlement, agreeing the injury was consistent with SIRVA caused by the flu vaccination and that all legal prerequisites were met. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The parties stipulated to an award of $127,333.06, comprising $2,333.06 for past unreimbursable expenses and $125,000.00 for pain and suffering. Chief Special Master Nora Beth Dorsey issued the ruling on entitlement on May 9, 2018, and the decision awarding damages on August 27, 2018. Petitioner counsel was Leah VaSahnja Durant, and respondent counsel was Jennifer Leigh Reynaud. The theory of causation is considered off-Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00972-0
Date issued/filed: 2018-09-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/09/2018) regarding 21 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00972-UNJ Document 36 Filed 09/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-972V
Filed: May 9, 2018
UNPUBLISHED
MARY DUNCAN,
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.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 20, 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”) caused in fact by the influenza vaccination she received on
November 18, 2016. Petition at ¶¶ 1, 5. Petitioner further alleges that she suffered the
residual effects of her injury for more than six months, and that neither she nor any
other party has received compensation for her injury, alleged as vaccine caused. Id. at
¶¶ 5-6. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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-00972-UNJ Document 36 Filed 09/05/18 Page 2 of 2
On May 8, 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 determined that petitioner’s alleged injury is consistent
with SIRVA that was caused by the administration of petitioner’s flu vaccination.” 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 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-00972-1
Date issued/filed: 2018-10-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/27/2018) regarding 32 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00972-UNJ Document 37 Filed 10/23/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0972V
Filed: August 27, 2018
UNPUBLISHED
MARY DUNCAN,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 20, 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”) caused in fact by the influenza vaccination she received on
November 18, 2016. Petition at ¶¶ 1, 5. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 9, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her SIRVA. On August 24, 2018, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $127,333.06,
representing $2,333.06 for past unreimbursable expenses and $125,000.00 for actual
and projected pain and suffering. Proffer at 1-2. In the Proffer, respondent represented
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-00972-UNJ Document 37 Filed 10/23/18 Page 2 of 4
that petitioner agrees with the proffered award. Id. 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 $127,333.06, representing $2,333.06 for past
unreimbursable expenses and $125,000.00 for actual and projected pain and
suffering, in the form of a check payable to petitioner, Mary Duncan. 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-00972-UNJ Document 37 Filed 10/23/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARY DUNCAN,
Petitioner, No. 17-972V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On July 20, 2017, Mary Duncan (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on May 8, 2018. Based on Respondent’s Rule 4(c)
Report the Chief Special Master found petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $125,000.00 in actual and
projected pain and suffering. This amount reflects that any award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $2,333.06. Petitioner agrees.
1

Case 1:17-vv-00972-UNJ Document 37 Filed 10/23/18 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $127,333.06, in the form of a check made payable to
petitioner. 1 This lump sum payment represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: August 24, 2018
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.
2