VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00992
Package ID: USCOURTS-cofc-1_17-vv-00992
Petitioner: Patricia Pendergrass
Filed: 2017-07-24
Decided: 2019-06-26
Vaccine: influenza
Vaccination date: 2016-11-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 116622

AI-assisted case summary:
Patricia Pendergrass filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine in her left shoulder on November 9, 2016. The respondent conceded that petitioner was entitled to compensation, finding that she met the criteria for SIRVA as defined by the Vaccine Injury Table: no recent history of shoulder pain, onset of pain within 48 hours after vaccination, pain limited to the vaccinated shoulder, and no other identified condition to explain the pain. The respondent also agreed that her condition had residual effects for more than six months. A ruling on entitlement was issued on April 16, 2019, finding her entitled to compensation. Subsequently, on June 26, 2019, a decision awarding damages was issued. The parties stipulated to an award of $116,622.27, which included $4,760.82 for past unreimbursable medical expenses, $95,000.00 for pain and suffering, and $16,861.45 for lost earnings.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00992-0
Date issued/filed: 2019-06-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/16/2019) regarding 48 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00992-UNJ Document 52 Filed 06/26/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0992V
Filed: April 16, 2019
UNPUBLISHED
PATRICIA PENDERGRASS,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, Administration (SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 24, 2017, Patricia Pendergrass (“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 from a
shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an
influenza vaccine in her left shoulder on November 9, 2016. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On April 16, 2019, respondent filed his Rule 4(c) report and Proffer in which he
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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 ruling 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.
1

Case 1:17-vv-00992-UNJ Document 52 Filed 06/26/19 Page 2 of 2
4(c) Report/Proffer at 1. Specifically, respondent “concluded that petitioner suffered
SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no recent
history of pain, inflammation, or dysfunction of her left shoulder; the onset of pain
occurred within 48 hours after receipt of an intramuscular vaccination; the pain was
limited to the shoulder where the vaccine was administered; and, no other condition or
abnormality has been identified to explain petitioner’s left shoulder pain.” Id. at 2-3.
Respondent further agrees that petitioner suffered the residual effects of her condition
for more than six months. Id. at 3.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00992-1
Date issued/filed: 2019-06-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/16/2019) regarding 49 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00992-UNJ Document 53 Filed 06/27/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0992V
Filed: April 16, 2019
UNPUBLISHED
PATRICIA PENDERGRASS,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH
Injury Related to Vaccine
AND HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 24, 2017, Patricia Pendergrass (“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 from a
shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an
influenza vaccine in her left shoulder on November 9, 2016. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On April 16, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On April 16, 2019, respondent filed a Rule 4(c) Report and
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-00992-UNJ Document 53 Filed 06/27/19 Page 2 of 2
Proffer on award of compensation (“Rule 4/Proffer”) indicating petitioner should be
awarded a total of $116,622.27, representing $4,760.82 in past unreimbursable medical
expenses, $95,000.00 for petitioner’s actual and projected pain and suffering, and
$16,861.45 for petitioner’s lost earnings. Rule 4/Proffer at 3-4. In the Rule 4/Proffer,
respondent represented 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 Rule 4/Proffer.
Pursuant to the terms stated in the attached Rule 4/Proffer, the undersigned
awards petitioner a lump sum payment of $116,622.27 (representing $4,760.82 in
past unreimbursable medical expenses, $95,000.00 for petitioner’s actual and
projected pain and suffering, and $16,861.45 for petitioner’s lost earnings) in the
form of a check payable to petitioner, Patricia Pendergrass. 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