VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01335
Package ID: USCOURTS-cofc-1_18-vv-01335
Petitioner: Therese Tjimis
Filed: 2018-08-30
Decided: 2021-03-26
Vaccine: influenza
Vaccination date: 2017-10-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85425

AI-assisted case summary:
Therese Tjimis filed a petition for compensation under the National Vaccine Injury Compensation Program on August 30, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 16, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 11, 2020, conceding that Ms. Tjimis was entitled to compensation. The respondent agreed that her injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. On March 12, 2020, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Tjimis entitled to compensation. Subsequently, on February 22, 2021, the respondent filed a proffer on the award of compensation, which Ms. Tjimis agreed to. On March 26, 2021, Chief Special Master Corcoran issued a decision awarding Ms. Tjimis a lump sum of $85,425.00. This award consisted of $85,000.00 for pain and suffering and $425.00 for past unreimbursable expenses. The case proceeded as a Table injury claim, and the respondent did not contest entitlement. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Adriana Ruth Teitel.

Theory of causation field:
Therese Tjimis filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on October 16, 2017. The respondent conceded that the injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. A ruling on entitlement was issued on March 12, 2020, finding petitioner entitled to compensation. A subsequent decision on March 26, 2021, awarded petitioner $85,425.00, comprising $85,000.00 for pain and suffering and $425.00 for past unreimbursable expenses, based on a proffer agreed to by both parties. The case was treated as a Table injury. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Adriana Ruth Teitel. Chief Special Master Brian H. Corcoran presided over the entitlement ruling and the damages decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01335-0
Date issued/filed: 2020-04-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/12/2020) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01335-UNJ Document 39 Filed 04/14/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1335V
UNPUBLISHED
THERESE TJIMIS, Chief Special Master Corcoran
Petitioner, Filed: March 12, 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.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 30, 2018, Therese Tjimis 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 alleges that she suffered a shoulder injury related
to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination
received on October 16, 2017. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 11, 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
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-01335-UNJ Document 39 Filed 04/14/20 Page 2 of 2
at 1. Specifically, Respondent concluded that Petitioner’s injury is consistent with a
SIRVA as defined by the Vaccine Injury Table. Id. at 6. Respondent further agrees that
Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act.
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-01335-1
Date issued/filed: 2021-03-26
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/22/2021) regarding 53 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01335-UNJ Document 57 Filed 03/26/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1335V
UNPUBLISHED
THERESE TJIMIS, Chief Special Master Corcoran
Petitioner, Filed: February 22, 2021
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.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 30, 2018, Therese Tjimis 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 shoulder injury related to vaccine
administration (“SIRVA”) following the administration of an influenza (“flu”) vaccine
received on October 16, 2017. Petition at 1, 3-4. Petitioner further alleges that the vaccine
was administered within the United States, that she suffered the residual effects of er
injury for over six months, and that she has not received compensation in the form of an
award or settlement for Petitioner’s injury . Petition at 3. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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-01335-UNJ Document 57 Filed 03/26/21 Page 2 of 5
On March 12, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On February 22, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $85,425.00
(consisting of $85,000.00 for pain and suffering and $425.00 for past unreimbursable
expenses). 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 $85,425.00 (consisting of $85,000.00 for pain and suffering and
$425.00 for past unreimbursable 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-01335-UNJ Document 57 Filed 03/26/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
THERESE TJIMIS,
Petitioner,
No. 18-1335V
v.
Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 30, 2018, Therese Tjimis (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine she received on October 16, 2017. Petition at 1, 3-4.
On March 11, 2020, the Secretary of Health and Human Services (“respondent”) filed a
Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the
Act for a SIRVA Table injury, and on March 12, 2020, the Chief Special Master issued a Ruling
on Entitlement finding petitioner entitled to compensation. ECF No. 35; ECF No.36.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $85,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:18-vv-01335-UNJ Document 57 Filed 03/26/21 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $425.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $85,425.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Therese Tjimis: $85,425.00
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
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 lost earnings
and future pain and suffering.
2

Case 1:18-vv-01335-UNJ Document 57 Filed 03/26/21 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: February 22, 2021
3