VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01939
Package ID: USCOURTS-cofc-1_17-vv-01939
Petitioner: Cynthia Alexander
Filed: 2017-12-13
Decided: 2020-07-06
Vaccine: influenza
Vaccination date: 2016-12-19
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 112803

AI-assisted case summary:
Cynthia Alexander 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 her December 19, 2016 influenza vaccine. The case was assigned to the Special Processing Unit. On September 12, 2019, the respondent conceded that petitioner was entitled to compensation, finding that her claim met the Table criteria for SIRVA. Although her first office visit for shoulder pain was three weeks post-vaccination, her phone records supported her statement that her arm ached within one day of vaccination. The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and petitioner satisfied the statutory severity requirement. On September 17, 2019, a ruling on entitlement was issued, finding Ms. Alexander entitled to compensation. On June 3, 2020, the respondent filed a proffer on award of compensation, recommending an award of $112,803.13, comprised of $105,000.00 for pain and suffering and $7,803.13 in unreimbursable expenses. Petitioner agreed with the proffered award. Chief Special Master Corcoran awarded Ms. Alexander the sum of $112,803.13.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01939-0
Date issued/filed: 2019-11-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/17/2019) regarding 44 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:17-vv-01939-UNJ Document 49 Filed 11/20/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1939V
Filed: September 17, 2019
UNPUBLISHED
CYNTHIA ALEXANDER,
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.
Brittany Alexandra Anne Ditto, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 13, 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 December 19, 2016 influneza (“flu”)
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-01939-UNJ Document 49 Filed 11/20/19 Page 2 of 2
vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On September 12, 2019, 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 that he
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 in the affected shoulder prior to vaccine,
she presented with pain and reduced range of motion in the shoulder where
she got the vaccination, and no other condition was present to explain her
symptoms. The table requires that shoulder pain occurs within forty-eight
hours of vaccination. 42 C.F.R. §100.3(c)(10). Although petitioner’s first
office visit for shoulder pain was three weeks post-vaccination, her phone
records support her statement that her arm ached within one day and she
began calling medical providers nine days post-vaccination. See Pet. Exs.
7, 17 at 1-3. The totality of the evidence supports petitioner’s claim of arm
pain within forty-eight hours.
Id. at 3. Respondent further agrees that
[w]ith respect to other statutory and jurisdictional issues, 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);
Pet. Ex. Petitioner avers that she has not received any compensation in the
form of award or settlement in connection with the vaccine-related injury.
See 42 U.S.C. §§ 300aa-11(a)(5) and - 11(c)(1)(E), Pet. Ex. 7.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01939-1
Date issued/filed: 2020-07-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/04/2020) regarding 60 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:17-vv-01939-UNJ Document 64 Filed 07/06/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1939V
UNPUBLISHED
CYNTHIA ALEXANDER, Chief Special Master Corcoran
Petitioner, Filed: June 4, 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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On December 13, 2017, Cynthia Alexander 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 December 19, 2016 influneza
(“flu”) vaccine. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On September 17, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On June 3, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $112,803.13
(comprised of $105,000.00 for pain and suffering and $7,803.13 in unreimbursable
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-01939-UNJ Document 64 Filed 07/06/20 Page 2 of 5
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 $112,803.13 (comprised of $105,000.00 for pain and suffering and
$7,803.13 in 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-01939-UNJ Document 64 Filed 07/06/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CYNTHIA ALEXANDER, *
*
Petitioner, *
*
v. * No. 17-1939V (ECF)
* CHIEF SPECIAL MASTER
* BRIAN H. CORCORAN
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 12, 2019, 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 September 17,
2019, Special Master Dorsey issued a Ruling on Entitlement, finding petitioner, Cynthia
Alexander, entitled to Vaccine Act compensation for her Table SIRVA injury.
I. Amount of Compensation
Respondent now proffers that, based on the Special Master’s entitlement decision and the
evidence of record, petitioner should be awarded $112,803.13.1 This amount represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
1 The parties have no objection to the amount of the proffered award of damages. Assuming the
special master issues a damages decision in conformity with this proffer, the parties waive their
right to seek review of such damages decision.
1

Case 1:17-vv-01939-UNJ Document 64 Filed 07/06/20 Page 4 of 5
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
damages decision and the Court’s judgment award the following: 2
A. Petitioner’s Damages
A lump sum payment of $112,803.13 (comprised of $105,000.00 for pain and suffering
and $7,803.13 in unreimbursable expenses) in the form of a check payable to petitioner, Cynthia
Alexander.
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
2 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.
2

Case 1:17-vv-01939-UNJ Document 64 Filed 07/06/20 Page 5 of 5
/s/ DHAIRYA D. JANI
DHAIRYA D. JANI
Trial Attorney
U.S. Department of Justice
Torts Branch, Civil Division
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4356
Dated: June 3, 2020
3