VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00886
Package ID: USCOURTS-cofc-1_18-vv-00886
Petitioner: Janardhana Donga
Filed: 2018-06-21
Decided: 2022-05-12
Vaccine: influenza
Vaccination date: 2016-10-22
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 70380

AI-assisted case summary:
Janardhana Donga filed a petition for compensation on June 21, 2018, seeking compensation under the National Vaccine Injury Compensation Program for a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination he received on October 22, 2016. Mr. Donga was 55 years old at the time of vaccination. The respondent, the Secretary of Health and Human Services, initially contested entitlement but later conceded that Mr. Donga was entitled to compensation. This concession followed a factual finding by the Special Master that Mr. Donga's shoulder pain began within 48 hours of his vaccination. The case proceeded as an "on-Table" claim. The parties agreed that $380.00 was an appropriate amount for unreimbursed medical expenses. After reviewing the medical records and arguments presented, Special Master Christian J. Moran determined that a reasonable award for pain and suffering was $70,000. Mr. Donga did not request compensation for future pain and suffering. The final decision, issued on May 12, 2022, awarded Mr. Donga a total of $70,380.00, to be paid in a lump sum. The decision was issued by Special Master Christian J. Moran, with Bridget C. McCullough of Muller Brazil, LLP representing the petitioner and Camille M. Collett of the United States Department of Justice representing the respondent. The public decision does not describe the specific mechanism of injury or name any medical experts.

Theory of causation field:
Petitioner Janardhana Donga, age 55, received an influenza vaccination on October 22, 2016. He alleged a shoulder injury related to vaccine administration (SIRVA). The Special Master found that the onset of shoulder pain occurred within 48 hours of vaccination, which is consistent with an "on-Table" injury under the National Vaccine Injury Compensation Program. The respondent conceded entitlement based on this factual finding. The case proceeded to damages. The parties stipulated $380.00 for unreimbursed medical expenses. Special Master Christian J. Moran awarded $70,000 for pain and suffering, resulting in a total award of $70,380.00. The public decision does not detail the specific mechanism of SIRVA or name any medical experts. Petitioner was represented by Bridget C. McCullough and respondent by Camille M. Collett. The decision was issued on May 12, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00886-0
Date issued/filed: 2021-09-01
Pages: 4
Docket text: PUBLIC ORDER/RULING (Originally filed: 7/21/2021) regarding 56 Findings of Fact & Conclusions of Law. Signed by Special Master Christian J. Moran. (jmw) Service on parties made.
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Case 1:18-vv-00886-UNJ Document 58 Filed 09/01/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * **
JANARDHANA DONGA, *
*
Petitioner, * No. 18-886V
* Special Master Christian J. Moran
*
v. *
*
SECRETARY OF HEALTH * Filed: July 21, 2021
AND HUMAN SERVICES, *
* Fact Ruling Onset of Shoulder Pain
Respondent. *
* * * * * * * * * * * * * * * * * * * * **
FINDING OF FACT1
Mr. Donga claims that a flu vaccination harmed his shoulder. However, the
parties dispute when he began to experience shoulder pain. Preponderant evidence
shows that it started within 48 hours of the vaccination.
Standards for Adjudication
Petitioners are required to establish their cases by a preponderance of the
evidence. 42 U.S.C. § 300aa–13(1)(a). The preponderance of the evidence
standard requires a “trier of fact to believe that the existence of a fact is more
probable than its nonexistence before [he] may find in favor of the party who has
the burden to persuade the judge of the fact’s existence.” Moberly v. Sec’y of
Health & Human Servs., 592 F.3d 1315, 1322 n.2 (Fed. Cir. 2010) (citations
omitted).
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this ruling on its website. Anyone will be able to access this
ruling via the internet (https://www.uscfc.uscourts.gov/aggregator/sources/7). Pursuant to
Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical
information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions
ordered by the special master will appear in the document posted on the website.

Case 1:18-vv-00886-UNJ Document 58 Filed 09/01/21 Page 2 of 4
The process for finding facts in the Vaccine Program begins with analyzing
the medical records, which are required to be filed with the petition. 42 U.S.C.
§ 300aa–11(c)(2). Medical records that are created contemporaneously with the
events they describe are presumed to be accurate. Cucuras v. Sec’y of Health &
Human Servs., 993 F.2d 1525, 1528 (Fed. Cir. 1993).
The Vaccine Act authorizes a special master to find that “the first
symptom… of an injury… described in a petition occurred within the time period
described in the Vaccine Injury Table even though the occurrence of such
symptom… was not recorded or was incorrectly recorded as having occurred
outside such period.”2
Analysis
Mr. Donga received a flu vaccination in his left deltoid on October 22, 2016.
Exhibit 1 at 35. The parties do not dispute the date of vaccination.
Although Mr. Donga avers he felt pain in his shoulder within two days of the
vaccination, he did not seek medical attention for more than six weeks. Exhibit 2
(petitioner’s affidavit, signed June 21, 2018) ¶ 5. During this time, Mr. Donga
took over-the-counter pain medications. Id.
After Mr. Donga’s pain did not abate, he emailed his primary care physician
(Dr. Ho), stating “Hand Pain since taking Flu shot.” Exhibit 1 at 40 (December 13,
2016). This communication led to an in-person visit on December 15, 2016. Dr.
Ho recorded “new left shoulder/arm pain” that started after receiving a flu shot in
the same arm. Exhibit 1 at 58-59.
Other records, created during medical treatment and outside of litigation,
associate Mr. Donga’s shoulder and hand pain with his flu shot in October. E.g.
exhibit 1 at 107 (January 2, 2017), 112 (January 3, 2017), 138-39 (report to
physical therapist on January 5, 2017), 164 (orthopedic surgeon on January 18,
2 The Secretary did not cite section 13(b)(2). Instead, the Secretary relied upon 42 U.S.C.
§ 300aa–13(a), stating a special master "may not make such a finding based on the claims of a
petitioner alone, unsubstantiated by medical records or by medical opinion." See Resp’t’s Resp.,
filed March 5, 2021, at 7. The Secretary's reliance on section 13(a) is misplaced in that the
medical records, as explained in the text, substantiate Mr. Donga’s allegations.
2

Case 1:18-vv-00886-UNJ Document 58 Filed 09/01/21 Page 3 of 4
2017). The consistency of accounts reinforces the accuracy of the information
contained within the medical records.3
The consistency of the histories within the medical records also
distinguishes this case from other situations. In other cases, the set of medical
records may contain inconsistencies within the histories, presenting a challenge in
determining which record is accurate. And, in other cases, the lack of a mention of
a shoulder problem in an intervening medical appointment may be ground for an
inference that the petitioner was not experiencing shoulder pain until much later.
But, neither of these conditions is present here.
For the same reason, a hearing is not necessary to decide when shoulder pain
began. See Vaccine Rule 8(d). Oral testimony would be extremely unlikely to
change the balance of the evidence as to when Mr. Donga’s shoulder pain began.
Mr. Donga is advancing the accuracy of medical records. The Secretary’s only
argument seems to be that the medical records cannot be accurate because Mr.
Donga waited so long before seeking treatment. Under the facts and circumstances
of this case, the argument about delay is not persuasive due, in part, to the length of
delay. Six weeks is not an excessively long amount of time to seek medical
attention for mild shoulder pain not associated with a trauma. See Cooper v. Sec’y
of Health & Human Servs., No. 16-1387V, 2018 WL 1835179, at *6 (Fed. Cl.
Spec. Mstr. Jan. 18, 2018) (“the undersigned does not find a delay in treatment of
several months to be dispositive in and of itself regarding the question of onset in a
SIRVA case such as this”).
Accordingly, for these reasons, the undersigned finds Mr. Donga’s shoulder
pain started within 48 hours of vaccination. However, this finding does not resolve
all issues. To meet the regulatory definition of SIRVA, Mr. Donga must also show
that the “Pain and reduced range of motion are limited to the shoulder in which the
intramuscular vaccine was administered.” 42 C.F.R. § 100.3(c)(10)(iii).
Some of Mr. Donga’s records, including his first post-vaccination medical
record to Dr. Ho, say that Mr. Donga said he was having hand pain. E.g. exhibit 1
at 39, 40, 107. Mr. Donga avers that these reports reflect an error because he, as a
native speaker of Telugu, did not accurately differentiate the terms “shoulder,”
“arm,” and “hand” when communicating his problems in English. Exhibit 8
3 Although the Secretary appropriately summarizes these medical records in the facts
section of his brief, the Secretary does not address them in the analysis section. In other words,
the Secretary has not presented any argument against crediting these records.
3

Case 1:18-vv-00886-UNJ Document 58 Filed 09/01/21 Page 4 of 4
(petitioner’s affidavit, signed Feb. 8, 2020); accord exhibit 9 (affidavit of
petitioner’s daughter, signed Feb. 10, 2020).
As to whether Mr. Donga was also experiencing hand pain, oral testimony
may be useful. Witnesses might include Mr. Donga and his daughter. It also
seems likely that medical personnel could explain whether they found any signs of
dysfunction in Mr. Donga’s hand and whether they prescribed any therapy or home
exercises for his hand.
Conclusion
Preponderant evidence shows that Mr. Donga’s shoulder pain began within
48 hours of his October 22, 2016 flu vaccination. Whether he also experienced
hand pain is not determined in this ruling. A status conference to discuss potential
next steps is scheduled for Wednesday, August 4, 2021, at 3:00 P.M. (Eastern
Time).
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
4

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00886-1
Date issued/filed: 2021-10-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/5/2021) regarding 62 Ruling on Entitlement Signed by Special Master Christian J. Moran. (jmw) Service on parties made.
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Case 1:18-vv-00886-UNJ Document 66 Filed 10/26/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * *
JANARDHANA DONGA, *
*
* No. 18-886V
* Special Master Christian J. Moran
Petitioner, *
*
v. * Filed: October 5, 2021
*
SECRETARY OF HEALTH * Entitlement; On-Table injury.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * *
Bridget C. McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner;
Camille M. Collett, United States Department of Justice, Washington, DC, for Respondent.
UNPUBLISHED RULING FINDING ENTITLEMENT1
On June 21, 2018, Janardhana Donga sought compensation for shoulder injury related to
vaccine administration (“SIRVA”) following his influenza (“flu”) vaccination on October 22,
2016. Mr. Donga seeks compensation pursuant to the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 through 34 (2012).
On September 8, 2020, Mr. Donga moved for a ruling on the record. Respondent filed
his response on March 5, 2021. Findings of fact were then issued on July 21, 2021, finding that
Mr. Donga’s shoulder pain began within 48 hours of his vaccination.
In an amended Rule 4(c) report filed on October 4, 2021, respondent stated that he will
not continue to the defend against Mr. Donga’s claim. Respondent stated that the Division of
Vaccine Injury Compensation, Department of Health and Human Services, has reviewed the
facts of this case and have concluded that “[r]ecognizing that the Special Master’s factual finding
that the onset of petitioner’s shoulder pain occurred within 48 hours of vaccination is the law of
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this ruling on its
website. This posting will make the ruling available to anyone with the internet. Pursuant to
Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical
information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions
ordered by the special master will appear in the document posted on the website.

Case 1:18-vv-00886-UNJ Document 66 Filed 10/26/21 Page 2 of 2
the case, respondent advises that he will not defend the case on other grounds during further
proceedings before the Office of Special Masters.” Resp’t’s Am. Rep., filed Oct. 4, 2021, at 2.
Special masters may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. 42 U.S.C. § 300aa-13; Vaccine Rule 8(d). Based
upon a review of the record as a whole, the undersigned finds that petitioner has established that
he is entitled to compensation for his injury.
Accordingly, Mr. Donga is entitled to compensation.
Any questions may be directed to my law clerk, Jason Wiener, at (202) 357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

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DOCUMENT 3: USCOURTS-cofc-1_18-vv-00886-2
Date issued/filed: 2022-05-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 4/20/2022) regarding 81 DECISION of Special Master Signed by Special Master Christian J. Moran. (jmw) Service on parties made.
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Case 1:18-vv-00886-UNJ Document 85 Filed 05/12/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * *
JANARDHANA DONGA, *
*
* No. 18-886V
* Special Master Christian J. Moran
Petitioner, *
*
v. * Filed: April 20, 2022
*
SECRETARY OF HEALTH * Damages, SIRVA
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * *
Bridget C. McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner;
Camille M. Collett, United States Department of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION AWARDING COMPENSATION1
On June 21, 2018, Janardhana Donga sought compensation for shoulder
injury related to vaccine administration (“SIRVA”) following his influenza (“flu”)
vaccination on October 22, 2016. Mr. Donga seeks compensation pursuant to the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 through 34
(2012). After the undersigned resolved a factual dispute over when Mr. Donga
began to have shoulder pain, the Secretary conceded that he was entitled to
compensation. Entitlement Ruling, 2021 WL 4959036 (Oct. 5, 2021).
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:18-vv-00886-UNJ Document 85 Filed 05/12/22 Page 2 of 4
The parties have disagreed regarding the amount of compensation for Mr.
Donga’s pain and suffering. (They, however, have agreed that $380.00 is an
appropriate amount of compensation for his unreimbursed medical expenses.) For
the reasons explained below, a reasonable amount of compensation for pain and
suffering is $70,000. Thus, Mr. Donga is awarded $70,380.
I. Facts2
1. At age 55, Mr. Donga received a flu vaccination on October 22, 2016.
Exhibit 1 at 35; exhibit 3 at 1.
2. He developed shoulder problems within 48 hours of the vaccination.
Ruling Finding Facts, 2021 WL 3916906 (Jul. 21, 2021).
3. On December 13, 2016, Mr. Donga emailed his doctor (Dr. Ho) stating
that he developed “Hand Pain since taking Flu shot.” Exhibit 1 at 40.
4. In an examination on December 15, 2016, Dr. Ho found mild shoulder
impingement. He diagnosed a left rotator cuff sprain and recommended
home exercise and over-the-counter medicines. Exhibit 1 at 58-59, 63-
64.
5. After some interactions with Dr. Ho and another doctor for a second
opinion, Mr. Donga started physical therapy on January 9, 2017. Exhibit
1 at 143-46. In the first physical therapy session, Mr. Donga rated his
pain levels as 0-9 out of 10. Id. at 144.
6. Over the next sixteen months, Mr. Donga attended physical therapy
approximately 15 times. His last physical therapy session was on May 1,
2018. Exhibit 5-20.
7. Following the May 1, 2018 physical therapy appointment, Mr. Donga did
not seek medical attention for his shoulder for nearly one year.
8. In March 2019, Mr. Donga reported his shoulder was 90% better but he
was having problems with the last 10%. He was given a cortisone shot
for his decreased range of motion. Exhibit 6 at 48-61.
9. After the cortisone shot did not completely resolve Mr. Donga’s pain, he
was referred to a second course of physical therapy. Exhibit 7 at 27.
10. From August 2019 to January 2020, Mr. Donga went to physical therapy
six times. Exhibit 12 at 403-64.
11. In January 2020, a physician’s assistant observed that Mr. Donga had
tenderness around the deltoid with palpation and showed positive signs of
2 The parties provided additional details. See Pet’r’s Br. regarding
Damages, filed Feb. 7, 2022; Resp’t’s Br. regarding Damages, filed Feb. 9, 2022;
Resp’t’s Reply, filed Feb. 23, 2022. Petitioner did not submit a reply brief.

Case 1:18-vv-00886-UNJ Document 85 Filed 05/12/22 Page 3 of 4
impingement. The physician’s assistant recommended an MRI. Exhibit
12 at 491-92.
12. In February and March 2020, Mr. Donga attended two more physical
therapy sessions. However, he cancelled more physical therapy sessions
due to the coronavirus pandemic. Exhibit 12 at 527-43.
13. In October 2020, Mr. Donga requested an exemption from a requirement
to receive a flu vaccination. However, his doctor indicated that he did
not qualify for an exemption. Exhibit 14 at 28.
14. Mr. Donga received two doses of the vaccine against the coronavirus in
his left shoulder. Exhibit 14 at 30 (April 19, 2021), 38 (May 10, 2021).
II. Standards for Adjudication
The Vaccine Act states that compensation shall include “(4) For actual and
projected pain and suffering and emotional distress from the vaccine-related injury,
an award not to exceed $250,000.” 42 U.S.C. § 300aa–15(a).
Factors relevant to this element of compensation are “[(1)] the ability to
understand the injury, i.e., the injured’s mental faculties are intact; [(2)] the degree
of severity of the injury; and [(3)] the potential number of years the individual is
subjected to the injury.” McAllister v. Sec’y of Health & Human Servs., No. 91-
1037V, 1993 WL 777030, at *3 (Fed. Cl. Spec. Mstr. Mar. 26, 1993), vacated and
remanded on other grounds, 70 F.3d 1240 (Fed. Cir. 1995).
III. Analysis
The undersigned has considered the medical records, which are summarized
above, as well as the affidavits from Mr. Donga and his daughter. Exhibits 2, 4, 8-
9, and 16. The undersigned has also considered the arguments presented and the
cases cited in the parties’ briefs.
Under the facts and circumstances of Mr. Donga’s case, a reasonable award
for past pain and suffering is $70,000. He has not requested any compensation for
future pain and suffering.
IV. Conclusion
Mr. Donga is entitled to compensation in the amount of $70,380.00. This
amount shall be paid in a lump sum in the form of a check payable to petitioner,
Janardhana Donga. This amount represents compensation for all damages
available under 42 U.S.C. § 300aa-15(a).

Case 1:18-vv-00886-UNJ Document 85 Filed 05/12/22 Page 4 of 4
The Clerk’s Office is instructed to enter judgment in accord with this
decision unless a motion for review is filed. Information about the submission for
a motion for review, including deadlines, is presented in the Vaccine Rules, which
are available through the Court’s website.3
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.