VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01306
Package ID: USCOURTS-cofc-1_18-vv-01306
Petitioner: Rochelle Lambrick
Filed: 2018-11-08
Decided: 2020-04-30
Vaccine: influenza
Vaccination date: 2017-09-27
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 97361

AI-assisted case summary:
Rochelle Lambrick filed a petition for compensation under the National Vaccine Injury Compensation Program on August 28, 2018, alleging a left shoulder injury resulting from an influenza vaccine administered on September 27, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 7, 2019, conceding that Ms. Lambrick's alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that there were no other identified causes for the injury. The respondent agreed that Ms. Lambrick had suffered the sequelae of her injury for more than six months and met the statutory requirements for entitlement to compensation. On November 8, 2019, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Lambrick entitled to compensation. Subsequently, on March 30, 2020, the parties filed a proffer on the award of compensation. The respondent proffered an award of $97,361.29, comprising $90,000.00 for past and future pain and suffering and $7,361.29 for unreimbursed medical expenses. The petitioner agreed with the proffered award. On April 30, 2020, Chief Special Master Corcoran issued a decision awarding Ms. Lambrick a total of $97,361.29, payable by check to the petitioner. The award was for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Leah VaSahnja Durant. Respondent's counsel included Julia Marter Collison and Camille Michelle Collett.

Theory of causation field:
The petitioner, Rochelle Lambrick, alleged a left shoulder injury after receiving an influenza vaccine on September 27, 2017. The respondent conceded entitlement, agreeing that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that no other causes were identified. The case proceeded as a Table claim. The respondent's Rule 4(c) report was filed on November 7, 2019, and a ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on November 8, 2019. A proffer on award of compensation was filed on March 30, 2020, and a decision awarding damages was issued by Chief Special Master Corcoran on April 30, 2020. The award totaled $97,361.29, consisting of $90,000.00 for past and future pain and suffering and $7,361.29 for unreimbursed medical expenses. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Julia Marter Collison and Camille Michelle Collett.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01306-0
Date issued/filed: 2019-12-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/08/2019) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:18-vv-01306-UNJ Document 30 Filed 12/27/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1306V
UNPUBLISHED
ROCHELLE LAMBRICK, Chief Special Master Corcoran
Petitioner, Filed: November 8, 2019
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.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 28, 2018, Rochelle Lambrick 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 as a result of
an influenza (“flu”) vaccine administered to her on September 27, 2017. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 7, 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 Petitioner’s “alleged injury is
1 I intend 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, I agree that the identified
material fits within this definition, I will redact such material from public access. 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).
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-01306-UNJ Document 30 Filed 12/27/19 Page 2 of 2
consistent with a shoulder injury related to vaccine administration (‘SIRVA’) and thus,
finds this case to be compensable.” Id. Respondent further agrees that “[t]here were
no other causes identified for petitioner’s SIRVA. Records indicate that petitioner has
suffered the sequela of her injury for more than six months. Based on the medical
records outlined above, petitioner has met the statutory requirements for entitlement to
compensation.” Id.
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-01306-1
Date issued/filed: 2020-04-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/31/2020) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01306-UNJ Document 40 Filed 04/30/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1306V
UNPUBLISHED
ROCHELLE LAMBRICK, Chief Special Master Corcoran
Petitioner, Filed: March 31, 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.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 28, 2018, Rochelle Lambrick 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 as a result of
an influenza (“flu”) vaccine administered to her on September 27, 2017. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 8, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On March 30, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $97,361.29,
comprised of $90,000.00 for past and future pain and suffering and $7,361.29 in
unreimbursed medical expenses. Proffer at 1. In the Proffer, Respondent represented
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-01306-UNJ Document 40 Filed 04/30/20 Page 2 of 4
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 $97,361.29 (comprised of $90,000.00 for past and future pain and
suffering and $7,361.29 in unreimbursed medical 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-01306-UNJ Document 40 Filed 04/30/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ROCHELLE LAMBRICK, )
)
Petitioner, ) No. 18-1306V
) Chief Special Master
v. ) Brian H. Corcoran
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 7, 2019, respondent filed his Rule 4(c) Report, in which he
conceded entitlement. On November 8, 2019, the Court issued a Ruling on Entitlement,
finding that petitioner is entitled to compensation for her Shoulder Injury Related to
Vaccine Administration (“SIRVA”). Respondent now proffers that petitioner receive an
award of a lump sum of $97,361.29 in the form of a check payable to petitioner. The
award is comprised of the following: $90,000.00 for past and future pain and suffering,
and $7,361.29 in unreimbursed medical expenses. This amount represents compensation
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is
entitled.1 Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
1 Should petitioner die prior to the 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-01306-UNJ Document 40 Filed 04/30/20 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/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
Dated: March 30, 2020