VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01887
Package ID: USCOURTS-cofc-1_17-vv-01887
Petitioner: Alma Rivera
Filed: 2017-12-06
Decided: 2019-09-04
Vaccine: influenza
Vaccination date: 2016-10-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55510

AI-assisted case summary:
Alma Rivera filed a petition for compensation under the National Vaccine Injury Compensation Program on December 6, 2017, alleging that she received an influenza vaccination on October 13, 2016, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent filed a Rule 4(c) report on November 19, 2018, conceding that Ms. Rivera's medical course was consistent with SIRVA, a condition listed on the Vaccine Injury Table. The respondent also agreed that she suffered residual effects for more than six months and met all legal prerequisites for compensation. On November 20, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Rivera entitled to compensation. Subsequently, on June 5, 2019, the parties submitted a proffer on damages. The respondent proffered an award of $55,510.00, which included $55,000.00 for pain and suffering and $510.00 for unreimbursable expenses. Ms. Rivera agreed with this proffered award. Chief Special Master Dorsey issued a decision on September 4, 2019, awarding Ms. Rivera a lump sum payment of $55,510.00, comprised of $55,000.00 for pain and suffering and $510.00 for unreimbursable expenses. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Daniel Anthony Principato of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Alma Rivera received an influenza vaccination on October 13, 2016. She alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that petitioner's medical course was consistent with SIRVA, a condition listed on the Vaccine Injury Table, and that she suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. The case resulted in a concession of entitlement. The parties submitted a proffer on damages, agreeing to an award of $55,510.00, comprised of $55,000.00 for pain and suffering and $510.00 for unreimbursable expenses. This was awarded as a lump sum. Chief Special Master Nora Beth Dorsey issued the ruling on entitlement on November 20, 2018, and the decision awarding damages on September 4, 2019. Petitioner was represented by Leah VaSahnja Durant and respondent by Daniel Anthony Principato. The public text does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01887-0
Date issued/filed: 2019-01-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/20/2018) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01887-UNJ Document 28 Filed 01/09/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1887V
Filed: November 20, 2018
UNPUBLISHED
ALMA RIVERA,
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.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 6, 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 received an influenza (“flu”) vaccination on
October 13, 2016, and that as a result she suffered 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-01887-UNJ Document 28 Filed 01/09/19 Page 2 of 2
On November 19, 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 “believes that petitioner’s medical course is
consistent with SIRVA as defined on the Vaccine Injury Table.” Id. at 3. Respondent
further agrees that petitioner suffered the residual effects of her condition for more than
six months and that petitioner has satisfied all legal prerequisites to compensation
under the Vaccine 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-01887-1
Date issued/filed: 2019-09-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/17/2019) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01887-UNJ Document 43 Filed 09/04/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1887V
Filed: June 17, 2019
UNPUBLISHED
ALMA RIVERA,
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.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 6, 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 received an influenza (“flu”) vaccination on
October 13, 2016, and that as a result she suffered 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 November 20, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for shoulder injury. On June 5, 2019, respondent filed a proffer
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-01887-UNJ Document 43 Filed 09/04/19 Page 2 of 4
on award of compensation (“Proffer”) indicating petitioner should be awarded
$$55.510.00 (comprised of $55,000.00 for pain and suffering and $510.00 in
unreimbursable expenses). Proffer at 2. 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 $55.510.00 (comprised of $55,000.00 for pain
and suffering and $510.00 in unreimbursable expenses) in the form of a check
payable to petitioner, Alma Rivera. 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-01887-UNJ Document 43 Filed 09/04/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ALMA RIVERA, ) No. 17-1887V
) Chief Special Master Dorsey
Petitioner, ) ECF
)
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On November 19, 2018, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury (SIRVA) that is compensable under the National Childhood Vaccine
Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34. Accordingly, on November 20,
2018, the Chief Special Master issued a Ruling on Entitlement.
Respondent now proffers that, based on the evidence of record, petitioner should be
awarded $55,510.00. This amount represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Items of Compensation and Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment 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 pain and suffering, and future lost wages.

Case 1:17-vv-01887-UNJ Document 43 Filed 09/04/19 Page 4 of 4
A. Petitioner’s Damages
A lump sum payment of $55.510.00 (comprised of $55,000.00 for pain and suffering and
$510.00 in unreimbursable expenses) in the form of a check payable to petitioner, Alma Rivera.
B. Guardianship
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/ Daniel A. Principato
DANIEL A. PRINCIPATO
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3662
Fax: (202) 353-2988
Dated: June 5, 2019
2