VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01751
Package ID: USCOURTS-cofc-1_17-vv-01751
Petitioner: Diana L. Mitchell
Filed: 2017-11-08
Decided: 2020-07-21
Vaccine: influenza
Vaccination date: 2014-11-14
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 76211

AI-assisted case summary:
Diana L. Mitchell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her November 14, 2014 influenza vaccination caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that petitioner's claim met the Table criteria for SIRVA, noting no prior history of shoulder issues, onset of pain within 48 hours of vaccination, and pain limited to the injection shoulder. Respondent also confirmed the case was timely filed, the vaccine was received in the United States, and petitioner met the statutory severity requirement. In view of respondent's position and the evidence, the Chief Special Master found petitioner entitled to compensation. Subsequently, a decision awarding damages was issued. Respondent filed a proffer on award of compensation, proposing $76,000.00 for pain and suffering and $211.76 for past unreimbursable expenses, totaling $76,211.76. Petitioner agreed with this proffered award. The court awarded Diana L. Mitchell a lump sum payment of $76,211.76, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01751-0
Date issued/filed: 2018-12-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/16/2018) regarding 34 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01751-UNJ Document 36 Filed 12/19/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1751V
Filed: November 16, 2018
UNPUBLISHED
DIANA L. MITCHELL,
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.
Elizabeth Martin Muldowney, Sands Anderson, PC, Richmond, VA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 8, 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 November 14, 2014 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-01751-UNJ Document 36 Filed 12/19/18 Page 2 of 2
On November 13, 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 indicates that
DICP has reviewed the facts of this case and concluded that petitioner’s
claim meets the Table criteria for SIRVA. Specifically, 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. Therefore, petitioner is entitled
to a presumption of vaccine causation.
Id. at 5-6. Respondent further agrees that
the records show that the case was timely filed, that the vaccine was
received in the United States, and that petitioner satisfies the statutory
severity requirement by suffering the residual effects or complications of
her injury for more than six months after vaccine administration. See 42
U.S.C. §§ 300aa-11(c)(1)(D)(i). Petitioner avers that no civil action or
proceedings have been pursued in connection with the vaccine-related
injury. See 42 U.S.C. §§ 300aa-11(a)(5) and -11(c)(1)(E); Pet. at ¶15.
Id. at 6.
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-01751-2
Date issued/filed: 2020-07-21
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/19/2020) regarding 71 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:17-vv-01751-UNJ Document 75 Filed 07/21/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1751V
UNPUBLISHED
DIANA L. MITCHELL, Chief Special Master Corcoran
Petitioner, Filed: June 19, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 8, 2017, Diana Mitchell 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 14, 2014 influenza (“flu”)
vaccination. Petition at 1. Petitioner further alleges that the vaccine was administered
within the United States, that she suffered the residual effects of her injury for more than
six months, and that there has been no prior award or settlement of a civil action on her
behalf as a result of her injury. See Petition at ¶¶ 1, 14-15. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On November 16, 2018, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On June 16, 2020, Respondent filed a proffer on
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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-01751-UNJ Document 75 Filed 07/21/20 Page 2 of 5
award of compensation (“Proffer”) indicating Petitioner should be awarded $76,211.76
(representing an award of $76,000.00 in pain and suffering, and $211.76 in past
unreimbursable expenses). Proffer at 1-2. In the Proffer, Respondent represented that
Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find
that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $76,211.76 (representing an award of $76,000.00 in pain and
suffering, and $211.76 in past unreimbursable expenses) in the form of a check
payable to Petitioner. 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/Brian H. Corcoran
Brian H. Corcoran
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-01751-UNJ Document 75 Filed 07/21/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DIANA L. MITCHELL, )
)
Petitioner, )
) No. 17-1751V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 8, 2017, Diana L. Mitchell (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine she received on November 14, 2014. Petition at 1. On November 13, 2018,
the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating
that this case is appropriate for compensation under the terms of the Act for a SIRVA Table
injury, and on November 16, 2018, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 33; ECF No. 34.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $76,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:17-vv-01751-UNJ Document 75 Filed 07/21/20 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $211.76. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $76,211.76, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Diana L. Mitchell: $76,211.76
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
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 lost earnings
and future pain and suffering.
2

Case 1:17-vv-01751-UNJ Document 75 Filed 07/21/20 Page 5 of 5
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3644
DATED: June 16, 2020
3