VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01193
Package ID: USCOURTS-cofc-1_17-vv-01193
Petitioner: Laura Carson
Filed: 2017-09-05
Decided: 2018-12-12
Vaccine: influenza
Vaccination date: 2016-10-14
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 61061

AI-assisted case summary:
Laura Carson filed a petition for compensation under the National Vaccine Injury Compensation Program on September 5, 2017, alleging that her October 14, 2016 influenza vaccination caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 27, 2018, conceding that petitioner's claim met the Table criteria for SIRVA. The respondent agreed that petitioner had no prior history of shoulder issues, experienced the onset of pain within 48 hours of vaccination, and that her pain and reduced range of motion were limited to the injection site shoulder. The respondent further stated there was no other condition or abnormality present that would explain petitioner's symptoms and that there was not a preponderance of evidence that the injury was due to factors unrelated to the vaccine. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 2, 2018, finding petitioner entitled to compensation. Subsequently, the parties reached a stipulation for damages. On December 12, 2018, Chief Special Master Dorsey issued a decision awarding Laura Carson a total of $61,061.30. This award comprised $60,000.00 for pain and suffering and $1,061.30 for past unreimbursable medical expenses, to be paid as a lump sum check to petitioner. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Ann Donohue Martin.

Theory of causation field:
Petitioner Laura Carson alleged that her October 14, 2016 influenza vaccination caused a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement, agreeing that the claim met the Table criteria for SIRVA. This concession included that petitioner had no prior shoulder issues, experienced onset of pain within 48 hours of vaccination, and that the pain and reduced range of motion were limited to the injection site shoulder, with no other condition explaining the symptoms. The respondent further conceded there was no evidence that the injury was due to factors unrelated to the vaccine. Chief Special Master Nora Beth Dorsey ruled on entitlement on October 2, 2018, finding petitioner entitled to compensation. A subsequent decision on December 12, 2018, awarded petitioner $61,061.30 ($60,000.00 for pain and suffering, $1,061.30 for past unreimbursable medical expenses). Petitioner was represented by Leah VaSahnja Durant, and respondent by Ann Donohue Martin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01193-0
Date issued/filed: 2018-10-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/02/2018) regarding 24 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01193-UNJ Document 29 Filed 10/31/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1193V
Filed: October 2, 2018
UNPUBLISHED
LAURA CARSON,
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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 5, 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 her October 14, 2016 influenza (“flu”) vaccination
caused her to suffer a 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.
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. 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-01193-UNJ Document 29 Filed 10/31/18 Page 2 of 2
On September 27, 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 and Proffer on Damages at 1. Specifically, respondent indicates that “DICP
has reviewed the facts of this case and concluded that petitioner’s claim meets the
Table criteria for SIRVA.” Id. at 4. Respondent further agrees that
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 petitioner’s symptoms. See 42
C.F.R. § 100.3(c)(10). Therefore, petitioner is entitled to a presumption of
vaccine causation. Furthermore, there is not a preponderance of evidence
that the injury is due to factors unrelated to the administration of the flu
vaccine. See 42 U.S.C. § 300aa-13(a)(1)(B).
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-01193-1
Date issued/filed: 2018-12-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/02/2018) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01193-UNJ Document 31 Filed 12/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1193V
Filed: October 2, 2018
UNPUBLISHED
LAURA CARSON,
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.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 5, 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 her October 14, 2016 influenza (“flu”) vaccination
caused her to suffer a 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 October 2, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On September 27, 2018, respondent filed a proffer on
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-01193-UNJ Document 31 Filed 12/12/18 Page 2 of 2
award of compensation (“Proffer”) indicating petitioner should be awarded should be
awarded $61,061.30, including $60,000.00 for pain and suffering, plus $1,061.30 for
past unreimbursable medical expenses. Respondent’s Rule 4 (c) Report and Proffer on
Damages at 5. 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.
Pursuant to the terms stated in the Proffer, the undersigned awards petitioner
a lump sum payment of $61,061.30 (representing $60,000.00 for pain and
suffering, plus $1,061.30 for past unreimbursable medical expenses) in the form
of a check payable to petitioner, Laura Carson. 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