VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01974
Package ID: USCOURTS-cofc-1_18-vv-01974
Petitioner: Stella Marine
Filed: 2018-12-27
Decided: 2021-04-12
Vaccine: influenza
Vaccination date: 2017-12-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Stella Marine filed a petition for compensation under the National Vaccine Injury Compensation Program on December 27, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 8, 2017. The case was assigned to the Special Processing Unit. On February 12, 2020, the Respondent filed a Rule 4(c) report conceding that Petitioner's injury satisfied the criteria of the Vaccine Injury Table for SIRVA and that no other cause for her condition was identified, leading to a ruling on entitlement. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 14, 2020, finding Petitioner entitled to compensation. Subsequently, on March 11, 2021, the parties filed a proffer on award of damages. The Respondent recommended an award of $40,000.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Brian H. Corcoran issued a decision on April 12, 2021, awarding Stella Marine a lump sum payment of $40,000.00 for pain and suffering, representing compensation for all damages available under the Act. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Jennifer Leigh Reynaud. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Stella Marine alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on December 8, 2017. The Respondent conceded that the injury satisfied the criteria of the Vaccine Injury Table for SIRVA and that no other identified cause existed for the condition, with medical records demonstrating residual effects for more than six months. The case was decided based on this concession and the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 14, 2020, and a decision awarding damages on April 12, 2021. The award was a lump sum of $40,000.00 for pain and suffering, representing compensation for all damages available under the Act. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Jennifer Leigh Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01974-0
Date issued/filed: 2020-03-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/14/2020) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01974-UNJ Document 28 Filed 03/24/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1974V
UNPUBLISHED
STELLA MARINE, Chief Special Master Corcoran
Petitioner, Filed: February 14, 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.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 27, 2018, Stella Marine 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”) vaccine administered on
December 8, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 12, 2020, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule
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-01974-UNJ Document 28 Filed 03/24/20 Page 2 of 2
4(c) Report at 1. Specifically, Respondent concludes that “petitioner has satisfied the
criteria set forth in the Vaccine Injury Table for SIRVA.” Id. at 9. Respondent further
notes that he “did not identify any other cause for petitioner’s shoulder injury, and the
medical records…demonstrate that she suffered the residual effects of her condition for
more than six months.” 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-01974-1
Date issued/filed: 2021-04-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/11/2021) regarding 48 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01974-UNJ Document 52 Filed 04/12/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1974V
UNPUBLISHED
STELLA MARINE, Chief Special Master Corcoran
Petitioner, Filed: March 11, 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.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On December 27, 2018, Stella Marine 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”) vaccine administered on
December 8, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On February 14, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On March 11, 2021, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $40,000.00.
Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the
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-01974-UNJ Document 52 Filed 04/12/21 Page 2 of 4
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 $40,000.00 (representing compensation for actual and projected
pain and suffering) 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-01974-UNJ Document 52 Filed 04/12/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
STELLA MARINE,
Petitioner, No. 18-1974V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On December 27, 2018, Stella Marine (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that she suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine
administered on December 8, 2018. Petition at 1. Respondent conceded that petitioner’s alleged
injury satisfies the criteria of the Vaccine Injury Table, and therefore conceded petitioner’s
entitlement to compensation in his Rule 4(c) Report filed on February 12, 2020. Based on
Respondent’s Rule 4(c) Report the Court found petitioner entitled to compensation.
I. Item of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $40,000.00 in actual and projected
pain and suffering. This amount reflects that any award for projected pain and suffering has
been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
1

Case 1:18-vv-01974-UNJ Document 52 Filed 04/12/21 Page 4 of 4
through a lump sum payment of $40,000.00, in the form of a check made payable to petitioner. 1
This lump sum payment represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: March 11, 2021 Jennifer.L.Reynaud@usdoj.gov
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.
2