VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01267
Package ID: USCOURTS-cofc-1_17-vv-01267
Petitioner: Laurie Bloyer
Filed: 2017-09-15
Decided: 2019-09-11
Vaccine: influenza
Vaccination date: 2016-11-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 129719

AI-assisted case summary:
Laurie Bloyer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her November 1, 2016 influenza vaccination. The respondent initially recommended against compensation, citing a prior shoulder dislocation. However, after reviewing additional medical records, the respondent conceded that the prior dislocation occurred thirty years earlier and that petitioner's subsequent medical history was free of shoulder problems. In an Amended Rule 4(c) Report, the respondent conceded that petitioner's injury was consistent with SIRVA, as defined on the Vaccine Injury Table, noting that her pain occurred within 48 hours of vaccination, was limited to the injection shoulder, and no other condition explained the pain. The Chief Special Master issued a ruling on entitlement finding petitioner entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, agreeing to an award of $129,719.89, which included $125,000.00 for pain and suffering and $4,719.89 for past unreimbursed expenses. Petitioner agreed with the proffered award. The court awarded Laurie Bloyer a lump sum payment of $129,719.89.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01267-0
Date issued/filed: 2019-08-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/29/2019) regarding 41 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01267-UNJ Document 51 Filed 08/14/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1267V
Filed: May 29, 2019
UNPUBLISHED
LAURIE BLOYER,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 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”) as a result of her November 1, 2016 influenza (“flu”)
vaccination. 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.

Case 1:17-vv-01267-UNJ Document 51 Filed 08/14/19 Page 2 of 2
On May 28, 2019, respondent filed an Amended Rule 4(c) Report in which he
concedes that petitioner is entitled to compensation in this case.3 Respondent’s Rule
4(c) Report at 1. Specifically, respondent “has concluded that petitioner’s alleged injury
is consistent with SIRVA, as defined on the Vaccine Injury Table. Specifically,
petitioner’s pain occurred within 48 hours of receipt of an intramuscular vaccination; the
pain was limited to the shoulder in which the vaccine was administered; and no other
condition or abnormality was identified to explain her shoulder pain.” Id. at 2-3.
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
3 In a Rule 4 report filed May 25, 2018, respondent initially recommended against compensation,
stressing certain references in petitioner’s medical records that suggested a contemporaneous shoulder
dislocation relevant to petitioner’s claim. (ECF No. 20.) However, in the Amended Rule 4 Report,
respondent explained that additional medical records filed subsequent to his initial Rule 4 Report
sufficiently clarified that the reported shoulder dislocation was not contemporaneous, having occurred
thirty years prior, and that petitioner’s subsequent medical history was free of subsequent shoulder
problems. (ECF No. 39, p. 2.)

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01267-1
Date issued/filed: 2019-09-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/21/2019) regarding 47 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01267-UNJ Document 52 Filed 09/11/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1267V
Filed: June 21, 2019
UNPUBLISHED
LAURIE BLOYER,
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.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 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”) as a result of her November 1, 2016 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On May 29, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her shoulder injury. On June 18, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $129,719.89
(constituting $125,000.00 in pain and suffering, and $4,719.89 in past unreimbursed
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.

Case 1:17-vv-01267-UNJ Document 52 Filed 09/11/19 Page 2 of 4
expenses).3 Proffer at 1 (ECF No. 36). In the 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 Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $129,719.89 (constituting $125,000.00 in pain
and suffering, and $4,719.89 in past unreimbursed expenses), in the form of a
check payable to petitioner, Laurie Bloyer. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Respondent originally filed a proffer on June 13, 2019, ECF No. 44, but then moved to strike that proffer
to correct a typographical error.
4 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-01267-UNJ Document 52 Filed 09/11/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LAURIE BLOYER, )
)
Petitioner, ) No. 17-1267V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On May 28, 2019, respondent filed an Amended Rule 4 (c) Report conceding
entitlement in this case. On May 29, 2019, the Chief Special Master issued a Ruling on
Entitlement finding that petitioner was entitled to vaccine compensation for her Shoulder
Injury Related to Vaccine Administration (“SIRVA”). Respondent proffers that based on
the evidence of record, petitioner should be awarded $129,719.89 (constituting
$125,000.00 in pain and suffering, and $4,719.89 in past unreimbursed expenses). This
amount represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be
made through a lump sum payment as described below, and request that the Chief Special
Master’s decision and the Court’s judgment award the following:1
1 Should petitioner die prior to 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-01267-UNJ Document 52 Filed 09/11/19 Page 4 of 4
A lump sum payment of $129,719.89, in the form of a check payable to
petitioner, Laurie Bloyer. This amount accounts for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4133
Dated: June 18, 2019