VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00355
Package ID: USCOURTS-cofc-1_18-vv-00355
Petitioner: Desirea Tyler
Filed: 2018-03-07
Decided: 2019-11-18
Vaccine: influenza
Vaccination date: 2016-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 56783

AI-assisted case summary:
Desirea Tyler filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she developed a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 28, 2016. The respondent conceded that her alleged injury was consistent with a Table SIRVA injury and that entitlement to compensation was appropriate. An initial ruling on entitlement was issued on April 19, 2019, finding her entitled to compensation. Subsequently, on September 4, 2019, the respondent filed a proffer on award of compensation, stating that petitioner should be awarded $56,783.48, which included $54,000.00 for pain and suffering, $2,729.63 in out-of-pocket expenses, and $53.85 in medical mileage. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding damages on November 18, 2019, granting the lump sum payment of $56,783.48 to Desirea Tyler.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00355-0
Date issued/filed: 2019-09-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/19/2019) 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-00355-UNJ Document 45 Filed 09/17/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-355V
Filed: April 19, 2019
UNPUBLISHED
DESIREA TYLER,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 7, 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 developed a shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza vaccine she received on
September 28, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 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 states that petitioner’s “alleged injury is consistent with a
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-00355-UNJ Document 45 Filed 09/17/19 Page 2 of 2
shoulder injury related to vaccine administration (“SIRVA”) and . . . it meets the criteria
for a Table SIRVA injury.” Id. at 5. Respondent further agrees that “entitlement to
compensation is appropriate under the terms of the Vaccine Act.” 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
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00355-1
Date issued/filed: 2019-11-18
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/05/2019) regarding 41 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00355-UNJ Document 46 Filed 11/18/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0355V
Filed: September 5, 2019
UNPUBLISHED
DESIREA TYLER,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 7, 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 developed a shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza vaccine she received on
September 28, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 19, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her SIRVA. On September 4, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $56,783.48
(including $54,000.00 for pain and suffering, $2,729.63 in out-of-pocket expenses, and
$53.85 in medical mileage). Proffer at 1. In the Proffer, respondent represented that
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-00355-UNJ Document 46 Filed 11/18/19 Page 2 of 4
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 $56,783.48 (including $54,000.00 for pain and
suffering, $2,729.63 in out-of-pocket expenses, and $53.85 in medical mileage in the
form of a check payable to petitioner, Desirea Tyler. 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-00355-UNJ Document 46 Filed 11/18/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DESIREA TYLER, )
)
Petitioner, ) No. 18-355V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 12, 2019, respondent filed her Rule 4(c) Report, in which she conceded
entitlement. On April 19, 2019, the Court issued a Ruling on Entitlement, finding that
petitioner is entitled to compensation for her left Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of an influenza vaccination. Based on the evidence
in the record, respondent proffers that petitioner receive an award of a lump sum of
$56,783.48 (including $54,000.00 for pain and suffering, $2,729.63 in out-of-pocket
expenses, and $53.85 in medical mileage) in the form of a check payable to petitioner.
This amount represents compensation for all elements of compensation under 42 U.S.C. §
300aa-15(a) to which petitioner is entitled.1 Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering.

Case 1:18-vv-00355-UNJ Document 46 Filed 11/18/19 Page 4 of 4
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/Camille M. Collett
CAMILLE M. COLLETT
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) 616-4098
Dated: September 4, 2019