VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01300
Package ID: USCOURTS-cofc-1_18-vv-01300
Petitioner: Donna McGill
Filed: 2018-08-28
Decided: 2020-02-13
Vaccine: influenza
Vaccination date: 2017-10-06
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 78465

AI-assisted case summary:
Donna McGill filed a petition for compensation under the National Vaccine Injury Compensation Program on August 28, 2018, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 31, 2019, conceding that petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and that petitioner satisfied the statutory severity requirement by suffering residual effects for more than six months post-vaccination. The respondent further noted that petitioner averred no civil action had been pursued regarding the injury. On August 2, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on January 6, 2020, the respondent filed a proffer on the award of compensation, proposing a total of $78,465.00. This amount was comprised of $77,500.00 for pain and suffering and $965.00 for unreimbursed expenses. The petitioner agreed with this proposed award. On February 13, 2020, Chief Special Master Brian H. Corcoran issued a decision awarding Donna McGill a lump sum payment of $78,465.00, payable by check to petitioner, representing compensation for all damages available under the Vaccine Act. Petitioner was noted to be a competent adult, and no guardianship evidence was required. The decision was based on the parties' stipulation and proffer.

Theory of causation field:
Donna McGill filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 6, 2017. The respondent conceded that the claim met the Table criteria for SIRVA. The respondent's Rule 4(c) report confirmed timely filing, vaccination in the U.S., and satisfaction of the statutory severity requirement (residual effects for more than six months). Petitioner also averred no civil action was pursued. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 2, 2019, finding petitioner entitled to compensation. On January 6, 2020, respondent filed a proffer on award, proposing $78,465.00 ($77,500 for pain and suffering, $965 for unreimbursed expenses), which petitioner accepted. Chief Special Master Brian H. Corcoran issued a decision on February 13, 2020, awarding the stipulated lump sum of $78,465.00. Attorneys for petitioner were Leah VaSahnja Durant and for respondent were Christine Mary Becer. The theory of causation is based on the Vaccine Injury Table (SIRVA).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01300-0
Date issued/filed: 2019-10-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/02/2019) regarding 19 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
--------------------------------------------------------------------------------
CCaassee 11::1188--vvvv--0011330000--UUNNJJ DDooccuummeenntt 1295 FFiilleedd 0180//0228//1199 PPaaggee 11 ooff 22
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1300V
Filed: August 2, 2019
UNPUBLISHED
DONNA MCGILL,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
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
Dorsey, Chief Special Master:
On August 28, 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 left shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on
October 6, 2017. 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. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

CCaassee 11::1188--vvvv--0011330000--UUNNJJ DDooccuummeenntt 1295 FFiilleedd 0180//0228//1199 PPaaggee 22 ooff 22
On July 31, 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 has “concluded that petitioner’s claim meets the Table criteria
for SIRVA.” Id. at 6. Respondent further agrees that the case was timely filed, the
vaccine was received in the United States, and that petitioner satisfies the statutory
severity requirement by suffering the residual effects or complications of her injury for
more than six months after vaccine administration. Id. at 7. Respondent also notes that
petitioner avers that no civil action or proceedings have been pursued in connection
with the vaccine-related injury. Id.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-01300-1
Date issued/filed: 2020-02-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/07/2020) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01300-UNJ Document 35 Filed 02/13/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1300V
UNPUBLISHED
DONNA MCGILL, Chief Special Master Corcoran
Petitioner, Filed: January 7, 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 28, 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 left shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on
October 6, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On August 2, 2019, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On January 6, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $78,465.00
(comprised of $77,500 for pain and suffering and $965.00 for unreimbursed expenses).
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-01300-UNJ Document 35 Filed 02/13/20 Page 2 of 4
Proffer at 1-2. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $78,465.00 (comprised of $77,500 for pain and suffering and $965.00
for unreimbursed expenses) 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

Case 1:18-vv-01300-UNJ Document 35 Filed 02/13/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
DONNA MCGILL, )
)
Petitioner, )
) No. 18-1300V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 31, 2019, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986,
as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on August 2, 2019, the Chief Special
Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”).
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$78,465.00 ($77,500.00 for pain and suffering and $965.00 for unreimbursed expenses) which
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a).1 Petitioner agrees.
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 medical
expenses, future lost earnings, and future pain and suffering.

Case 1:18-vv-01300-UNJ Document 35 Filed 02/13/20 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $78,465.00 in the form of a check payable to petitioner.
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Date: January 6, 2020
2