VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00012
Package ID: USCOURTS-cofc-1_19-vv-00012
Petitioner: Amy Skopak
Filed: 2020-03-06
Decided: 2020-07-16
Vaccine: influenza
Vaccination date: 2017-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 69286

AI-assisted case summary:
Amy Skopak filed a petition for compensation under the National Vaccine Injury Compensation Program on January 3, 2019, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 28, 2017. The respondent filed a Rule 4(c) report on February 28, 2020, conceding that the petitioner met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table. On March 6, 2020, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding the petitioner entitled to compensation. Subsequently, on June 11, 2020, the respondent filed a proffer on the award of compensation, recommending an award of $69,286.35, which the petitioner agreed with. The award was comprised of $67,500.00 for pain and suffering and $1,786.35 for past unreimbursable out-of-pocket medical expenses. Chief Special Master Corcoran issued a decision on July 16, 2020, awarding the petitioner a lump sum payment of $69,286.35. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Traci R. Patton of the U.S. Department of Justice.

Theory of causation field:
Petitioner Amy Skopak alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on September 28, 2017. The respondent conceded that the petitioner met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table. The case was decided based on this concession and the evidence of record. Chief Special Master Brian H. Corcoran ruled on entitlement on March 6, 2020, and subsequently awarded damages on July 16, 2020. The award totaled $69,286.35, consisting of $67,500.00 for pain and suffering and $1,786.35 for past unreimbursable out-of-pocket medical expenses. Petitioner was represented by Leah VaSahnja Durant and respondent by Traci R. Patton.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00012-0
Date issued/filed: 2020-04-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/06/2020) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00012-UNJ Document 26 Filed 04/06/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-12V
UNPUBLISHED
AMY SKOPAK, Chief Special Master Corcoran
Petitioner, Filed: March 6, 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.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On January 3, 2019, Amy Skopak 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
September 28, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 28, 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 1:19-vv-00012-UNJ Document 26 Filed 04/06/20 Page 2 of 2
4(c) Report at 1. Specifically, Respondent concludes that Petitioner “meets the criteria
for a presumed SIRVA, as defined by the Vaccine Injury Table.” Id. at 4-5.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-00012-1
Date issued/filed: 2020-07-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/16/2020) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00012-UNJ Document 33 Filed 07/16/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-12V
UNPUBLISHED
AMY SKOPAK, Chief Special Master Corcoran
Petitioner, Filed: June 16, 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.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On January 3, 2019, Amy Skopak 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
September 28, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 6, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On June 11, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $69,286.35.
Proffer at 1. 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 1:19-vv-00012-UNJ Document 33 Filed 07/16/20 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 $69,286.35 (representing compensation in the amount of
$67,500.00 for pain and suffering and $1,786.35 for past unreimbursable out of
pocket 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 1:19-vv-00012-UNJ Document 33 Filed 07/16/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
AMY SKOPAK,
)
)
Petitioner,
) No. 19-12V
v.
) Chief Special Master Corcoran
) SPU
SECRETARY OF HEALTH AND HUMAN
) ECF
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 28, 2020, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner sustained an injury that is compensable under the National Childhood Vaccine Injury
Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to
vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. The Chief Special
Master issued a Ruling on Entitlement on March 6, 2020, finding that petitioner was entitled to
vaccine compensation for her right-sided shoulder injury.
I. Compensation for Vaccine Injury-Related Items
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$69,286.35. The award is comprised of the following: $67,500.00 for pain and suffering and
$1,786.35 for past unreimbursable out of pocket medical expenses. This amount represents all
elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment, and request that the Chief Special Master’s decision and the Court’s

Case 1:19-vv-00012-UNJ Document 33 Filed 07/16/20 Page 4 of 4
judgment award the following: $69,286.35, in the form of a check payable to petitioner.1
Petitioner agrees.
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ Traci R. Patton
TRACI R. PATTON
Senior 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) 353-1589
Dated: June 11, 2020
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