VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01015
Package ID: USCOURTS-cofc-1_18-vv-01015
Petitioner: Jessica Brown
Filed: 2018-07-13
Decided: 2020-03-25
Vaccine: influenza
Vaccination date: 2017-09-12
Condition: left-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Jessica Brown filed a petition for compensation under the National Vaccine Injury Compensation Program on July 13, 2018, alleging that her influenza vaccine administered on September 12, 2017, caused a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 1, 2019, conceding that the evidence established that the petitioner's flu vaccination caused her to develop subacromial bursitis and that her injury and its sequelae persisted for more than six months after vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 10, 2019, finding the petitioner entitled to compensation. Subsequently, on February 11, 2020, the respondent filed a proffer recommending an award of $85,000.00 for pain and suffering. The petitioner, a competent adult, agreed with this proffered award. Chief Special Master Brian H. Corcoran issued a decision on March 25, 2020, awarding Jessica Brown a lump sum payment of $85,000.00, representing compensation for pain and suffering, in the form of a check payable to the petitioner. This award covers all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Leah VaSahnja Durant and Summer Pope Abel of the Law Offices of Leah V. Durant, PLLC. Respondent was represented by Amy Paula Kokot and Ryan Daniel Pyles of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jessica Brown received an influenza vaccine on September 12, 2017. She alleged this vaccine caused a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, stating that the evidence established the flu vaccination caused subacromial bursitis and that the injury and its sequelae persisted for more than six months. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding onset or symptoms. A ruling on entitlement was issued on July 10, 2019, by Chief Special Master Nora Beth Dorsey. On February 11, 2020, respondent filed a proffer recommending an award of $85,000.00 for pain and suffering, which petitioner agreed to. Chief Special Master Brian H. Corcoran awarded petitioner $85,000.00 on March 25, 2020, as a lump sum for pain and suffering. This case falls under the "Table" category for theory of causation, as indicated by the respondent's concession of SIRVA. Petitioner's counsel was Leah VaSahnja Durant and Summer Pope Abel. Respondent's counsel was Amy Paula Kokot and Ryan Daniel Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01015-0
Date issued/filed: 2019-10-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/10/2019) regarding 24 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-01015-UNJ Document 31 Filed 10/18/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1015V
Filed: July 10, 2019
UNPUBLISHED
JESSICA BROWN,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Causation-In-Fact; Influenza (Flu)
SECRETARY OF HEALTH AND Vaccine; Shoulder Injury Related to
HUMAN SERVICES, Vaccine Administration (SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 13, 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 her receipt of an influenza (“flu”) vaccine on September 12,
2017, caused her to suffer a left-sided shoulder injury related to vaccine administration
(“SIRVA”). Petition at 1. 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-01015-UNJ Document 31 Filed 10/18/19 Page 2 of 2
On July 1, 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
[T]he Division of Injury Compensation Programs (“DICP”) . . . [has]
concluded that preponderant evidence establishes that petitioner’s flu
vaccination on September 12, 2017, caused her to develop subacromial
bursitis. In addition, based on the records . . . petitioner’s injury and its
sequela persisted for more than six months after the administration of the
vaccine.
Id. at 4.
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-01015-1
Date issued/filed: 2020-03-25
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/18/2020) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01015-UNJ Document 44 Filed 03/25/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1015V
UNPUBLISHED
JESSICA BROWN, Chief Special Master Corcoran
Petitioner, Filed: February 18, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Summer Pope Abel, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 13, 2018, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., (the “Vaccine
2
Act”). Petitioner alleges that her receipt of an influenza (“flu”) vaccine on September 12,
2017, caused her to suffer a left-sided shoulder injury related to vaccine administration
(“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 10, 2019, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for he SIRVA. On February 11, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $85,000.00,
representing compensation for her pain and suffering. Proffer at 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.

Case 1:18-vv-01015-UNJ Document 44 Filed 03/25/20 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $85,000.00, representing compensation for her pain and
suffering, 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.2
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2 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-01015-UNJ Document 44 Filed 03/25/20 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JESSICA BROWN,
Petitioner,
v. No. 18-1015V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 1, 2019, respondent filed his Rule 4(c) Report, in which he recommended that
the Court find petitioner entitled to compensation, and on July 10, 2019, the Court entered its
Ruling on Entitlement, finding petitioner entitled to compensation for her shoulder injury related
to vaccine administration (“SIRVA”). Based on the evidence in the record, respondent proffers
that petitioner receive an award of a lump sum of $85,000.00 for pain and suffering, 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, 2
Petitioner agrees with the proffered award of $85,000.00. Petitioner is a competent adult.
Evidence of guardianship is not required in this case.
1 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 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).

Case 1:18-vv-01015-UNJ Document 44 Filed 03/25/20 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/ RYAN D. PYLES
RYAN D. PYLES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: February 11, 2020