VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01436
Package ID: USCOURTS-cofc-1_18-vv-01436
Petitioner: Mary Ann Deubel
Filed: 2018-09-20
Decided: 2020-01-07
Vaccine: influenza
Vaccination date: 2015-10-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Mary Ann Deubel filed a petition for compensation under the National Vaccine Injury Compensation Program on September 20, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 27, 2015. The case was assigned to the Special Processing Unit. On September 9, 2019, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she suffered residual effects for more than six months post-vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 16, 2019, finding petitioner entitled to compensation. Subsequently, on December 5, 2019, the parties submitted a proffer on award of compensation. The respondent represented that petitioner agreed to an award of $90,000.00, which represented all elements of compensation available under the Vaccine Act. Chief Special Master Brian H. Corcoran issued a decision on January 7, 2020, awarding petitioner a lump sum payment of $90,000.00, payable by check to Mary Ann Deubel. This award compensated for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice.

Theory of causation field:
Petitioner Mary Ann Deubel alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 27, 2015. The respondent conceded that the injury was consistent with SIRVA as defined on the Vaccine Injury Table and that residual effects lasted more than six months. The Special Processing Unit handled the case. Chief Special Master Nora Beth Dorsey ruled on entitlement on September 16, 2019, finding petitioner entitled to compensation. A proffer on award of compensation was filed on December 5, 2019, by respondent, agreeing to a $90,000.00 award, which petitioner accepted. Chief Special Master Brian H. Corcoran issued a decision on January 7, 2020, awarding a lump sum of $90,000.00 to petitioner. Petitioner was represented by Leah VaSahnja Durant, and respondent by Linda Sara Renzi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01436-0
Date issued/filed: 2019-11-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/16/2019) regarding 22 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-01436-UNJ Document 28 Filed 11/19/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1436V
Filed: September 16, 2019
UNPUBLISHED
MARY ANN DEUBEL,
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.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 20, 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered on
October 27, 2015. 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).

Case 1:18-vv-01436-UNJ Document 28 Filed 11/19/19 Page 2 of 2
On September 9, 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 alleged injury
is consistent with SIRVA, as defined on the Vaccine Injury Table.” Id. at 4. Respondent
further agrees that petitioner suffered the residual effects of her condition for more than
six months after vaccine administration. 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

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01436-1
Date issued/filed: 2020-01-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/05/2019) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:18-vv-01436-UNJ Document 35 Filed 01/07/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1436V
UNPUBLISHED
MARY ANN DEUBEL, Chief Special Master Corcoran
Petitioner, Filed: December 5, 2019
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.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 20, 2018, Mary Ann Deubel 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”) as a result of an influenza vaccination administered
on October 27, 2015. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On September 16, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 5, 2019, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$90,000.00. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees
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-01436-UNJ Document 35 Filed 01/07/20 Page 2 of 4
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 $90,000.00 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

Case 1:18-vv-01436-UNJ Document 35 Filed 01/07/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARY ANN DEUBEL, )
)
Petitioner, ) No. 18-1436V
) Chief Special Master
v. ) Brian H. Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On September 9, 2019, respondent filed a Rule 4 (c) Report conceding entitlement
in this case. On September 16, 2019, the Court issued a Ruling on Entitlement finding that
petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine
Administration (“SIRVA”). Respondent proffers that based on the evidence of record,
petitioner should be awarded $90,000.00. This amount represents all elements of
compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a)(1);
15(a)(3)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be
made through a lump sum payment as described below, and request that the Chief Special
Master’s decision and the Court’s judgment award the following:1
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-01436-UNJ Document 35 Filed 01/07/20 Page 4 of 4
A lump sum payment of $90,000.00, in the form of a check payable to
petitioner, Mary Ann Deubel. This amount accounts for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is
entitled.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4133
Dated: December 5, 2019