VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01358
Package ID: USCOURTS-cofc-1_17-vv-01358
Petitioner: Monika Nuon
Filed: 2017-09-27
Decided: 2019-08-14
Vaccine: influenza
Vaccination date: 2016-12-02
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 47500

AI-assisted case summary:
Monika Nuon filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on December 2, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 24, 2018, conceding that Ms. Nuon was entitled to compensation. The respondent agreed that Ms. Nuon had no recent history of shoulder pain, inflammation, or dysfunction; that the onset of her pain occurred within 48 hours after receiving the intramuscular flu vaccination; that the pain was limited to the shoulder where the vaccine was administered; and that no other condition or abnormality explained her shoulder pain. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on August 27, 2018, finding Ms. Nuon entitled to compensation. Subsequently, on May 20, 2019, the respondent filed a proffer on the award of compensation, proposing a lump sum payment of $47,500.00 for pain and suffering, representing compensation for all available damages under the Vaccine Act. Ms. Nuon, who is a competent adult, agreed with the proffered award. On August 14, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Ms. Nuon a lump sum of $47,500.00, payable by check to Monika Nuon. The decision was issued following the initial petition filed on September 27, 2017. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.

Theory of causation field:
Petitioner Monika Nuon alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on December 2, 2016. The respondent conceded entitlement, agreeing that petitioner had no recent history of shoulder issues, that pain onset occurred within 48 hours of vaccination, that pain was localized to the injection site, and that no other condition explained the pain. This case proceeded as a Table injury claim. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on August 27, 2018. Subsequently, a proffer on award of compensation was filed, with the respondent proposing $47,500.00 for pain and suffering, representing all available damages under 42 U.S.C. § 300aa-15(a). Petitioner agreed to this award. Chief Special Master Dorsey issued a Decision Awarding Damages on August 14, 2019, awarding the lump sum of $47,500.00. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Ryan Daniel Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01358-0
Date issued/filed: 2018-10-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/27/2018) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01358-UNJ Document 32 Filed 10/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1358V
Filed: August 27, 2018
UNPUBLISHED
MONIKA NUON,
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.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 27, 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 that she suffered a Shoulder Injury Related to
Vaccine Administration (“SIRVA”) as a result of an influenza vaccination administered
on December 2, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 24, 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 agrees that petitioner had no recent history of pain,
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-01358-UNJ Document 32 Filed 10/23/18 Page 2 of 2
inflammation, or dysfunction of her left shoulder, the onset of pain occurred within 48
hours after receipt of an intramuscular flu 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 shoulder pain. Id. at 3-4. Respondent
therefore agrees that petitioner has satisfied all legal prerequisites for compensation
under the Act. Id. at 4.
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-01358-1
Date issued/filed: 2019-08-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/21/2019) regarding 51 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01358-UNJ Document 54 Filed 08/14/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1358V
Filed: May 21, 2019
UNPUBLISHED
MONIKA NUON,
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.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 27, 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 an influenza (“flu”) vaccine administered on
December 2, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 27, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On May 20, 2019, respondent filed a proffer on award of
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-01358-UNJ Document 54 Filed 08/14/19 Page 2 of 4
compensation (“Proffer”) indicating petitioner should be awarded $47,500.00. Proffer at
1. 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 $47,500.00 in the form of a check payable to
petitioner, Monika Nuon. 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-01358-UNJ Document 54 Filed 08/14/19 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MONIKA NUON,
Petitioner,
v. No. 17-1358V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 24, 2018, respondent filed his Rule 4(c) Report, in which he recommended
that the Court find petitioner entitled to compensation, and on August 27, 2018, the Court
entered its Ruling on Entitlement, finding petitioner entitled to compensation for her shoulder
injury related to vaccine administration (“SIRVA”). Based on the evidence in the record,
respondent proffers that petitioner receive an award of a lump sum of $47,500.00 for pain and
suffering, in the form of a check payable to petitioner. This amount represents compensation for
all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1, 2
Petitioner agrees with the proffered award of $47,500.00. Petitioner is a competent adult.
Evidence of guardianship is not required in this case.
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 pain and
suffering.
2 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).
1

Case 1:17-vv-01358-UNJ Document 54 Filed 08/14/19 Page 4 of 4
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/ RYAN D. PYLES
RYAN D. PYLES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: May 20, 2019
2