VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00435
Package ID: USCOURTS-cofc-1_18-vv-00435
Petitioner: Miranda Sellers
Filed: 2018-03-23
Decided: 2021-02-16
Vaccine: influenza
Vaccination date: 2016-10-03
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 72500

AI-assisted case summary:
Miranda Sellers, an adult, filed a petition under the National Vaccine Injury Compensation Program on March 23, 2018, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine she received on October 3, 2016. Initially, the respondent recommended against compensation. However, following further development of the record, the respondent filed an amended report on November 18, 2020, stating that they were of the opinion that Ms. Sellers was entitled to compensation for a Table injury of SIRVA after the flu vaccination, noting that no other causes were identified for her SIRVA and that her injury sequelae had persisted for more than six months. Based on the respondent's concession and the evidence of record, Special Master Daniel T. Horner issued a ruling on entitlement on November 19, 2020, finding Ms. Sellers eligible for compensation. Subsequently, on January 19, 2021, the respondent filed a proffer on award of compensation, proposing an award of $72,500.00. The proffer stated that Ms. Sellers agreed with this amount, which represented compensation for all damages, including past and future pain and suffering, as provided under 42 U.S.C. § 300aa-15(a). On February 16, 2021, Special Master Horner issued a decision awarding Ms. Sellers a lump sum payment of $72,500.00, payable to her, representing compensation for all damages. Petitioner was represented by Michael Patrick Milmoe of the Law Offices of Leah V. Duran, PLLC, and respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. The case was resolved as a Table claim for SIRVA.

Theory of causation field:
Petitioner Miranda Sellers received an influenza vaccine on October 3, 2016, and subsequently developed a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent initially opposed compensation but later conceded entitlement to a Table injury of SIRVA, stating no other causes were identified and the injury sequelae persisted for over six months. The Special Master found entitlement based on the respondent's concession. A subsequent proffer stipulated an award of $72,500.00 for past and future pain and suffering, representing all damages under 42 U.S.C. § 300aa-15(a), to which the petitioner agreed. Special Master Daniel T. Horner issued the ruling on entitlement on November 19, 2020, and the damages decision on February 16, 2021. Petitioner counsel was Michael Patrick Milmoe (Law Offices of Leah V. Duran, PLLC), and respondent counsel was Camille Michelle Collett (U.S. Department of Justice). The case was compensated as a Table claim for SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00435-0
Date issued/filed: 2020-12-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/19/2020) regarding 48 Ruling on Entitlement. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made.
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Case 1:18-vv-00435-UNJ Document 50 Filed 12/15/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-435V
Filed: November 19, 2020
UNPUBLISHED
MIRANDA SELLERS, Special Master Horner
Petitioner,
v. Ruling for Entitlement; Table Injury;
Influenza Vaccine (Flu); Shoulder
SECRETARY OF HEALTH AND Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Michael Patrick Milmoe, Law Offices of Leah V. Duran, Washington, DC, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 23, 2018, petitioner filed a petition under the National Childhood
Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that as a result of an
influenza (“flu”) vaccination that she received on October 3, 2016, she suffered a right
Shoulder Injury Related to Vaccine Administration (“SIRVA”). (ECF No. 1.)
Respondent initially filed a Rule 4 Report on April 30, 2019, recommending
against compensation based on his review of the record at that time. (ECF No. 18.)
Following further development of the record in this case, on November 18, 2020,
respondent filed an amended Rule 4(c) report in which he advised the Court that “he is
now of the opinion that petitioner is entitled to compensation for a Table injury of SIRVA
after flu vaccination.” (ECF No. 47, p. 2.) Specifically, respondent stated that “[t]here
were no other causes identified for petitioner’s SIRVA,” and that the medical records
indicate that “petitioner has suffered the sequela of her injury for more than six months.”
1 Because this unpublished ruling 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 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, I agree that the identified material fits within this definition, I will redact such
material from public access.

Case 1:18-vv-00435-UNJ Document 50 Filed 12/15/20 Page 2 of 2
(Id. at 7.) Consequently, respondent believes that “petitioner has satisfied all legal
prerequisites for compensation under the Act.” (Id.)
In view of Respondent’s position and the evidence of record, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00435-1
Date issued/filed: 2021-02-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 1/21/2021) regarding 52 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made.
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Case 1:18-vv-00435-UNJ Document 54 Filed 02/16/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-435V
Filed: January 21, 2021
UNPUBLISHED
MIRANDA SELLERS, Special Master Horner
Petitioner,
v. Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Michael Patrick Milmoe, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 23, 2018, Miranda Sellers 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). (ECF No. 1, p. 1.)
On November 19, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On January 19, 2021, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $72,500.00.
(ECF No. 51, p. 1.) 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.
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.

Case 1:18-vv-00435-UNJ Document 54 Filed 02/16/21 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $72,500.00 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/Daniel T. Horner
Daniel T. Horner
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-00435-UNJ Document 54 Filed 02/16/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MIRANDA SELLERS, )
)
Petitioner, ) No. 18-435V
) Special Master
v. ) Daniel Horner
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 23, 2018, Miranda Sellers (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza (“flu”) vaccine she received on October 3, 2016. ECF No. 1. On April 30, 2019,
respondent filed his Rule 4(c) Report, indicating that this case was not appropriate for
compensation under the terms of the Act for a SIRVA Table injury. ECF No. 18. On November
18, 2020, respondent filed an amended Rule 4(c) Report, indicating that respondent would not
dispute that petitioner had satisfied the legal prerequisites for compensation under the terms of
the Act for a SIRVA Table injury. ECF No. 47. On November 19, 2020, the Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 48.
Respondent now proffers that petitioner receive an award of a lump sum of $72,500.00, in the
form of a check payable to petitioner, an award comprised of $72,500.00 for past and future pain

Case 1:18-vv-00435-UNJ Document 54 Filed 02/16/21 Page 4 of 4
and suffering. 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.
Respectfully submitted,
JOHN V. COGHLAN
Deputy Assistant Attorney General,
Federal Programs Branch, Civil Division
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
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
Tel: (202) 616-4098
E-mail: Camille.m.collett@usdoj.gov
Dated: January 19, 2021
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.