VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01273
Package ID: USCOURTS-cofc-1_17-vv-01273
Petitioner: Naomi Miller
Filed: 2017-09-15
Decided: 2019-06-27
Vaccine: influenza
Vaccination date: 2016-09-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70402

AI-assisted case summary:
Naomi Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on September 23, 2016. The respondent conceded that Ms. Miller is entitled to compensation, concluding that she suffered a Table injury of SIRVA within the Table time period and that there was no evidence of an unrelated cause. The respondent further agreed that the claim met the statutory severity requirements because the sequelae of her SIRVA lasted for more than six months. A ruling on entitlement was issued on June 6, 2018, finding Ms. Miller entitled to compensation. Subsequently, on August 21, 2018, the respondent filed a proffer on award of compensation, proposing an award of $70,402.00, which included $70,000.00 for pain and suffering and $402.00 for past unreimbursed expenses. Ms. Miller agreed with this proffered award. The Chief Special Master issued a decision awarding damages on June 27, 2019, granting Ms. Miller a lump sum payment of $70,402.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01273-0
Date issued/filed: 2018-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/06/2018) regarding 19 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01273-UNJ Document 29 Filed 09/19/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1273V
Filed: June 6, 2018
UNPUBLISHED
NAOMI MILLER,
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.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 15, 2017, Naomi Miller (“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 an influenza (“flu”)
vaccine she received on September 23, 2016 to her right shoulder. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 6, 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 concludes that “petitioner suffered the Table injury of SIRVA
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-01273-UNJ Document 29 Filed 09/19/18 Page 2 of 2
following her September 23, 2016 flu vaccination within the Table time period, and there
is not a preponderance of the medical evidence that petitioner’s SIRVA was due to a
factor unrelated to vaccination.” Id. at 5. Respondent further agrees that “[t]he claim
also meets the statutory severity requirements because petitioner experienced the
sequelae of her SIRVA for more than six months” and has therefore “satisfied all legal
prerequisites for compensation under the 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-01273-2
Date issued/filed: 2019-06-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/21/2018) 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-01273-UNJ Document 37 Filed 06/27/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1273V
Filed: August 21, 2018
UNPUBLISHED
NAOMI MILLER,
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.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 15, 2017, Naomi Miller (“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 an influenza (“flu”)
vaccine she received on September 23, 2016 to her right shoulder. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 6, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On August 21, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $70,402.00
representing $70,000.00 for pain and suffering and $402.00 for past unreimbursed
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-01273-UNJ Document 37 Filed 06/27/19 Page 2 of 4
expenses. Proffer at 1. 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 attached Proffer, the undersigned awards
petitioner a lump sum payment of $70,402.00, in the form of a check payable to
petitioner, Naomi Miller. 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-01273-UNJ Document 37 Filed 06/27/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
NAOMI MILLER, )
)
Petitioner, )
) No. 17-1273V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On June 6, 2018, respondent, the Secretary of Health and Human Services, filed his Rule
4(c) Report conceding entitlement to compensation in this matter. The same day, the Court
entered its Ruling on Entitlement, finding petitioner Naomi Miller entitled to Vaccine Act
compensation. Respondent now proffers that petitioner receive a compensation award consisting
of a lump sum of $70,402.00 in the form of a check payable to petitioner, Naomi Miller.1 This
amount consists of $70,000.00 for pain and suffering and $402.00 for past unreimbursed
expenses, and represents compensation for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner is entitled.2
Petitioner agrees with the proffered award of $70,402.00.3
1 Petitioner is a competent adult. No guardianship is required.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).

Case 1:17-vv-01273-UNJ Document 37 Filed 06/27/19 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/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4136
Dated: August 21, 2018
2