VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-02030
Package ID: USCOURTS-cofc-1_17-vv-02030
Petitioner: Marissa Bialek
Filed: 2017-12-26
Decided: 2019-06-27
Vaccine: influenza
Vaccination date: 2016-10-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 82875

AI-assisted case summary:
Marissa Bialek filed a petition for compensation under the National Vaccine Injury Compensation Program on December 26, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on October 15, 2016. The case was assigned to the Special Processing Unit. On March 1, 2019, the respondent filed a Rule 4(c) report conceding that Ms. Bialek was entitled to compensation. The respondent stated that the Division of Injury Compensation Programs determined that her left shoulder injury was consistent with an on-Table SIRVA related to the flu vaccine administered on October 15, 2016. The respondent further agreed that no other causes for the SIRVA were identified, that Ms. Bialek suffered the sequela of her injury for more than six months, and that she met the statutory requirements for entitlement. On March 4, 2019, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement, finding Ms. Bialek entitled to compensation. Subsequently, on April 3, 2019, the respondent filed a proffer on the award of compensation, indicating that Ms. Bialek should be awarded $82,875.00, an amount to which Ms. Bialek agreed. This proffer stated that the award was comprised of $82,500.00 for pain and suffering and $375.00 for past out-of-pocket medical expenses, representing all elements of compensation available under the Vaccine Act. On June 27, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Ms. Bialek a lump sum payment of $82,875.00, payable by check to Marissa Bialek. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Alexis B. Babcock of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Marissa Bialek alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 15, 2016. The respondent conceded entitlement, agreeing that the injury was consistent with an on-Table SIRVA and that no other causes were identified. The public text does not detail the specific mechanism of injury, expert testimony, or diagnostic findings. The case proceeded as a Table claim. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on March 4, 2019, finding petitioner entitled to compensation. A subsequent Decision Awarding Damages was issued on June 27, 2019, awarding a total of $82,875.00, comprising $82,500.00 for pain and suffering and $375.00 for past out-of-pocket medical expenses. Petitioner was represented by Leah VaSahnja Durant and respondent by Alexis B. Babcock.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-02030-0
Date issued/filed: 2019-06-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/04/2019) regarding 30 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-02030-UNJ Document 37 Filed 06/05/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-2030V
Filed: March 4, 2019
UNPUBLISHED
MARISSA BIALEK,
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.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 26, 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 vaccination received on October 15,
2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On March 1, 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 states that the Division of Injury Compensation Programs
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-02030-UNJ Document 37 Filed 06/05/19 Page 2 of 2
(“DICP”) “has determined that petitioner’s left shoulder injury is consistent with an on-
Table SIRVA related to the flu vaccine she received on October 15, 2016.” Id. at 4.
Respondent further agrees that DICP did not identify other causes for petitioner’s
SIRVA, petitioner suffered the sequela of her injury for more than six months, and
petitioner meets the statutory requirements for entitlement to compensation. Id at 4-5.
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-02030-1
Date issued/filed: 2019-06-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/03/2019) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-02030-UNJ Document 38 Filed 06/27/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-2030V
Filed: April 3, 2019
UNPUBLISHED
MARISSA BIALEK,
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.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 26, 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 vaccination received on October 15,
2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On March 4, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On April 3, 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-02030-UNJ Document 38 Filed 06/27/19 Page 2 of 4
compensation (“Proffer”) indicating petitioner should be awarded $82,875.00. 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 $82,875.00 in the form of a check payable to
petitioner, Marissa Bialek. 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-02030-UNJ Document 38 Filed 06/27/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARISSA BIALEK,
)
)
Petitioner,
) No. 17-2030V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On March 1, 2019, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. On March 4, 2019, Chief Special Master Dorsey
issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for
her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based upon the evidence of
record, respondent proffers that petitioner should be awarded $82,875.00. The award is
comprised of the following: $82,500.00 for pain and suffering and $375.00 for past out of
pocket medical expenses.. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:17-vv-02030-UNJ Document 38 Filed 06/27/19 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $82,875.00, in the form of a check payable to petitioner.1 Petitioner
agrees.
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/ Alexis B. Babcock
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-7678
Dated: April 3, 2019
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.