VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01276
Package ID: USCOURTS-cofc-1_18-vv-01276
Petitioner: Latoria Martin
Filed: 2018-08-22
Decided: 2021-01-06
Vaccine: influenza
Vaccination date: 2017-09-18
Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 120214

AI-assisted case summary:
Latoria Martin filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving the influenza vaccine on September 18, 2017. She further alleged that she continued to have ongoing pain and left shoulder symptoms for more than six months after vaccination. The respondent conceded that Petitioner is entitled to compensation, noting that she had no prior shoulder issues, experienced onset of pain within 48 hours of vaccination, and her symptoms were limited to the affected shoulder. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Petitioner met the statutory severity requirement. A ruling on entitlement was issued on November 20, 2020, finding Petitioner entitled to compensation. Subsequently, on January 6, 2021, the court awarded Latoria Martin a total of $120,214.00, consisting of $120,000.00 for pain and suffering and $214.00 for unreimbursed expenses, based on a proffer agreed to by both parties.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01276-0
Date issued/filed: 2020-12-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/20/2020) regarding 41 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01276-UNJ Document 45 Filed 12/28/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1276V
UNPUBLISHED
LATORIA MARTIN, Chief Special Master Corcoran
Petitioner, Filed: November 20, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 22, 2018, Latoria Martin 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 left Shoulder Injury Related to
Vaccine Administration (SIRVA) as a result of receiving the influenza (“flu”) vaccine on
September 18, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 2, 2020, 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 notes that Petitioner “had no history of pain, inflammation or
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.
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-01276-UNJ Document 45 Filed 12/28/20 Page 2 of 2
dysfunction of the affected shoulder prior to intramuscular vaccine administration that
would explain the alleged signs, symptoms, examination findings, and/or diagnostic
studies occurring after vaccine injection; she suffered the onset of pain within forty-eight
hours of vaccine administration; her pain and reduced range of motion were limited to the
shoulder in which the intramuscular vaccine was administered; and there is no other
condition or abnormality present that would explain [P]etitioner’s symptoms.” Id. at 3.
Respondent further agrees that the case was timely filed, that the vaccine was received
in the United States, and that Petitioner satisfies the statutory severity requirement
because she suffered the residual effects or complications of her injury for more than six
months after vaccine administration. Id. at 3-4.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01276-1
Date issued/filed: 2021-01-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/20/2020) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01276-UNJ Document 46 Filed 01/06/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1276V
UNPUBLISHED
LATORIA MARTIN, Chief Special Master Corcoran
Petitioner, Filed: November 20, 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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 22, 2018, Latoria Martin 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 she suffered a left Shoulder Injury
Related to Vaccine Administration (SIRVA) as a result of receiving the influenza (“flu”)
vaccine on September 18, 2017. Petition at 1. Petitioner further alleges that “she
continue[d] to have ongoing pain and left shoulder symptoms” for more than six months
after vaccination. Petition at 3. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On November 20, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a left SIRVA. On November 2, 2020, Respondent filed a Rule
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. 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-01276-UNJ Document 46 Filed 01/06/21 Page 2 of 2
4 Report and Proffer indicating Petitioner should be awarded $120,214.00 ($120,000.00
for pain and suffering and $214.00 for unreimbursed expenses). ECF 40 at 4. 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.
Therefore, according to the terms in the Proffer, I award Petitioner a lump sum
payment of $120,214.00 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/Brian H. Corcoran
Brian H. Corcoran
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