VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00033
Package ID: USCOURTS-cofc-1_18-vv-00033
Petitioner: Leah DeLeslie Montgomery
Filed: 2018-01-05
Decided: 2019-10-11
Vaccine: influenza
Vaccination date: 2016-11-28
Condition: left shoulder pain and deficits
Outcome: compensated
Award amount USD: 91793

AI-assisted case summary:
Leah DeLeslie Montgomery filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder pain and deficits causally related to an influenza vaccination she received on November 28, 2016. The respondent, the Secretary of Health and Human Services, conceded that Ms. Montgomery was entitled to compensation. The respondent's Rule 4(c) report indicated that her alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), as defined on the Vaccine Injury Table. A ruling on entitlement was issued on April 30, 2019, finding her entitled to compensation. Subsequently, on May 30, 2019, the respondent filed a proffer on the award of compensation, recommending an award of $91,793.21. This amount was comprised of $90,000.00 for pain and suffering and $1,793.21 for past out-of-pocket medical expenses. Ms. Montgomery agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Montgomery a lump sum payment of $91,793.21 on October 11, 2019, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00033-0
Date issued/filed: 2019-08-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/30/2019) regarding 30 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00033-UNJ Document 45 Filed 08/07/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0033V
Filed: April 30, 2019
UNPUBLISHED
LEAH CROMER,
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.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 5, 2018, 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 left shoulder pain and deficits
causally related to the influenza vaccination she received on November 28, 2016.
Petition at ¶¶ 1, 13-14. Petitioner further alleges that she received the vaccination in the
United States, that she suffered the residual effects of her injuries for more than six
months, and that neither she nor any other party has filed a civil action or received
compensation for her injuries alleged as vaccine caused. Id. at ¶¶ 1, 17-18. 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.

Case 1:18-vv-00033-UNJ Document 45 Filed 08/07/19 Page 2 of 2
On April 30, 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 indicates that “[a]lthough petitioner did not explicitly allege
a Table SIRVA injury, DICP has concluded that petitioner’s alleged injury is consistent
with SIRVA, as defined on the Vaccine Injury Table.” 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-00033-1
Date issued/filed: 2019-10-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/31/2019) regarding 35 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00033-UNJ Document 46 Filed 10/11/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0033V
Filed: May 31, 2019
UNPUBLISHED
LEAH DELESLIE MONTGOMERY,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 5, 2018, 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 left shoulder pain and deficits
causally related to the influenza vaccination she received on November 28, 2016.
Petition at ¶¶ 1, 13-14. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On April 30, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her shoulder injury related to vaccine administration (“SIRVA”). On
May 30, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating
petitioner should be awarded $91,793.21, representing $90,000.00 for pain and
suffering and $1,793.21 for past out of pocket medical expenses. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Id.
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.

Case 1:18-vv-00033-UNJ Document 46 Filed 10/11/19 Page 2 of 4
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 $91,793.21, representing $90,000.00 for pain
and suffering and $1,793.21 for actual unreimbursable expenses in the form of a
check payable to petitioner, Leah DeLeslie Montgomery. 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 1:18-vv-00033-UNJ Document 46 Filed 10/11/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LEAH DELESLIE MONTGOMERY,
)
)
Petitioner,
) No. 18-33V
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 April 30, 2019, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. Chief Special Master Dorsey issued a Ruling on
Entitlement the same day, finding that petitioner was entitled to vaccine compensation for her
left-sided shoulder injury related to vaccination administration (“SIRVA”). Based upon the
evidence of record, respondent proffers that petitioner should be awarded $91,793.21. The
award is comprised of the following: $90,000.00 for pain and suffering; and $1,793.21 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.1
1 As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1) and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this
petition.

Case 1:18-vv-00033-UNJ Document 46 Filed 10/11/19 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 $91,793.21, in the form of a check payable to petitioner.2 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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-1589
Dated: May 31, 2019
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 pain
and suffering.
2