VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00868
Package ID: USCOURTS-cofc-1_18-vv-00868
Petitioner: Kellee Matlock
Filed: 2018-06-19
Decided: 2019-11-19
Vaccine: influenza
Vaccination date: 2017-07-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 148963

AI-assisted case summary:
On June 19, 2018, Kellee Matlock filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on July 14, 2017. The case was assigned to the Special Processing Unit. On July 3, 2019, a ruling on entitlement was issued, finding Ms. Matlock entitled to compensation for SIRVA. On September 13, 2019, the respondent filed a proffer on award of compensation, proposing an award of $148,963.08. This amount was comprised of $140,000.00 for pain and suffering and $8,963.08 for out-of-pocket medical expenses and medical mileage. The respondent stated that Ms. Matlock agreed with the proffered award. Chief Special Master Nora Beth Dorsey issued a decision on November 19, 2019, awarding Ms. Matlock a lump sum payment of $148,963.08. The decision noted that the award represented compensation for all damages available under § 15(a). The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Jeffrey T. Sprague.

Theory of causation field:
Petitioner Kellee Matlock filed a petition on June 19, 2018, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on July 14, 2017. Respondent conceded SIRVA as a Table injury in a Vaccine Rule 4(c) report filed July 2, 2019. A ruling on entitlement was issued on July 3, 2019, finding petitioner entitled to compensation. On September 13, 2019, respondent filed a proffer on award of compensation, agreeing to a lump sum of $148,963.08, consisting of $140,000.00 for pain and suffering and $8,963.08 for out-of-pocket medical expenses and medical mileage. Petitioner agreed to this award. Chief Special Master Nora Beth Dorsey issued a decision on November 19, 2019, awarding the proffered amount. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the diagnosis of SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00868-0
Date issued/filed: 2019-11-19
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/16/2019) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00868-UNJ Document 35 Filed 11/19/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0868V
Filed: September 16, 2019
UNPUBLISHED
KELLEE MATLOCK,
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.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 19, 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 a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on July
14, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 3, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On September 13, 2019, respondent filed a proffer on award
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 1:18-vv-00868-UNJ Document 35 Filed 11/19/19 Page 2 of 5
of compensation (“Proffer”) indicating petitioner should be awarded $148,963.08
(comprised of $140,000.00 for pain and suffering and $8,963.08 for out-of-pocket
medical expenses and medical mileage). Proffer at 1. In the Proffer, respondent
represented that petitioner agrees with the proffered award. Id. at 2. 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 $148,963.08 (comprised of $140,000 for pain
and suffering, and $8,963.08 for out-of-pocket medical expenses and medical
mileage) in the form of a check payable to petitioner, Kellee Matlock. 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-00868-UNJ Document 35 Filed 11/19/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
KELLEE MATLOCK, )
)
Petitioner, ) No. 18-868V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On June 19, 2018, Kellee Matlock (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, as a result of receiving the influenza vaccine on July 14, 2017,
she suffered from a left shoulder injury related to vaccine administration (“SIRVA”). Petition.
On July 2, 2019, respondent filed his Vaccine Rule 4(c) report, conceding SIRVA as a Table
injury. On July 3, 2019, the Chief Special Master issued a ruling on entitlement, finding that
petitioner was entitled to compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $148,963.08, for all damages, comprised of $140,000.00 for pain and suffering,
and $8,963.08 in out-of-pocket medical expenses and medical mileage ($8,322.14 in out-of-
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:18-vv-00868-UNJ Document 35 Filed 11/19/19 Page 4 of 5
pocket expenses and $640.94 in medical mileage), paid in the form of a check to petitioner. This
amount represents all elements of compensation to which petitioner would be entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $148,963.08 in the form of a check payable to petitioner.2
Petitioner agrees.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:18-vv-00868-UNJ Document 35 Filed 11/19/19 Page 5 of 5
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/Jeffrey T. Sprague
JEFFREY T. SPRAGUE
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4179
Dated: September 13, 2019 Fax: (202) 616-4310
3