VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01617
Package ID: USCOURTS-cofc-1_18-vv-01617
Petitioner: Deborah Ann Dunatov
Filed: 2018-10-18
Decided: 2020-09-14
Vaccine: influenza
Vaccination date: 2016-10-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45019

AI-assisted case summary:
Deborah Ann Dunatov filed a petition for compensation under the National Vaccine Injury Compensation Program on October 18, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 26, 2016. The respondent conceded that Ms. Dunatov was entitled to compensation, agreeing that her injury met the criteria of the Vaccine Injury Table, including no prior history of shoulder issues, onset of pain and reduced range of motion within 48 hours of vaccination, and symptoms localized to the injection site. A ruling on entitlement was issued on February 25, 2020, finding her eligible for compensation. Subsequently, on August 7, 2020, the respondent filed a proffer agreeing to an award of $45,019.00, which included $39,500.00 for pain and suffering and $5,519.00 for lost wages. Ms. Dunatov, identified as a competent adult, agreed with this proffered award. A decision awarding damages was issued on September 14, 2020, granting the lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01617-0
Date issued/filed: 2020-03-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/25/2020) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01617-UNJ Document 31 Filed 03/27/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1617V
UNPUBLISHED
DEBORAH ANN DUNATOV, Chief Special Master Corcoran
Petitioner, Filed: February 25, 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)
Robert D. Trzynka, Hovland, Rasmus, Brendtro & Trzynka, Prof. LLC, Sioux Falls, SD,
for petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 18, 2018, Deborah Ann Dunatov 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 received
on October 26, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On February 24, 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 agrees that “petitioner has satisfied the criteria set forth in the
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-01617-UNJ Document 31 Filed 03/27/20 Page 2 of 2
Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI).” Id.
at 4. Respondent further agrees that Petitioner had no history of pain, inflammation, or
dysfunction in the affected shoulder, her pain and reduced range of motion occurred
within 48 hours of receipt of an intramuscular vaccination, her symptoms were limited to
the shoulder where the vaccination was administered, and no other condition or
abnormality was identified to explain her symptoms. 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-01617-1
Date issued/filed: 2020-09-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/07/2020) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01617-UNJ Document 43 Filed 09/14/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1617V
UNPUBLISHED
DEBORAH ANN DUNATOV, Chief Special Master Corcoran
Petitioner, Filed: August 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)
Robert D. Trzynka, Hovland, Rasmus, Brendtro & Trzynka, Prof. LLC, Sioux Falls, SD,
for petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 18, 2018, Deborah Ann Dunatov 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 received
on October 26, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On February 25, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On August 7, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $45,019.00
(representing $39,500.00 for pain and suffering and $5,519.00 for lost wages). Proffer at
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-01617-UNJ Document 43 Filed 09/14/20 Page 2 of 5
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 $45,019.00 (representing $39,500.00 for actual and projected pain
and suffering, with projected pain and suffering reduced to net present value, and
$5,519.00 for lost wages) 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-01617-UNJ Document 43 Filed 09/14/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DEOBRAH ANN DUNATOV,
Petitioner, No. 18-1617V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 18, 2018, Deborah Ann Dunatov (“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 a result of an influenza (flu) vaccine administered to her on October
26, 2016. On February 25, 2020, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $39,500.00 in actual and projected
pain and suffering. This amount reflects that the award for projected pain and suffering has been
reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Lost Wages
Evidence supplied by petitioner documents petitioner’s lost wages as a result of her
vaccine injury. Respondent proffers that petitioner should be awarded lost wages in the amount

Case 1:18-vv-01617-UNJ Document 43 Filed 09/14/20 Page 4 of 5
of $5,519.00, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(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 $45,019.00, representing
compensation for pain and suffering ($39,500.00), and lost wages ($5,519.00.00), in the form of
a check payable to petitioner, Deborah Ann Dunatov.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Deborah Ann Dunatov:
$45,019.00
Respectfully submitted,
ETHAN P. DAVIS
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant 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-01617-UNJ Document 43 Filed 09/14/20 Page 5 of 5
/s/ Julia M. Collison
JULIA M. COLLISON
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 305-0102
Dated: August 7, 2020
3