VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00078
Package ID: USCOURTS-cofc-1_19-vv-00078
Petitioner: Valorie Scamyhorn Hodges
Filed: 2019-01-16
Decided: 2020-09-21
Vaccine: influenza
Vaccination date: 2017-10-05
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 49167

AI-assisted case summary:
Valorie Scamyhorn Hodges filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination on October 5, 2017. The respondent conceded that her alleged injury was consistent with a SIRVA and met the requirements of a Table injury, agreeing that she was entitled to compensation. A ruling on entitlement was issued on March 27, 2020, finding her entitled to compensation. Subsequently, on August 18, 2020, the respondent filed a proffer on award of compensation, indicating that Ms. Hodges should be awarded $48,518.95 for pain and suffering and past unreimbursable expenses, plus $648.05 to satisfy a Medicaid lien. Ms. Hodges agreed with this proffered award. The Chief Special Master issued a decision awarding these amounts, totaling $49,167.00, on September 21, 2020. The case was treated as a Table injury claim, and the outcome was compensation.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00078-0
Date issued/filed: 2020-04-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/27/2020) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00078-UNJ Document 26 Filed 04/29/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-78V
UNPUBLISHED
VALORIE SCAMYHORN HODGES, Chief Special Master Corcoran
Petitioner, Filed: March 27, 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)
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On January 16, 2019, Valorie Scamyhorn Hodges 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”) caused by an influenza (“flu”)
vaccination on October 5, 2017. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 26, 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 1:19-vv-00078-UNJ Document 26 Filed 04/29/20 Page 2 of 2
at 1. Specifically, Respondent concluded that petitioner’s alleged injury is consistent
with a SIRVA and meets the requirements of a Table injury. Id. at 3. 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_19-vv-00078-1
Date issued/filed: 2020-09-21
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/19/2020) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00078-UNJ Document 37 Filed 09/21/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-78V
UNPUBLISHED
VALORIE SCAMYHORN HODGES, Chief Special Master Corcoran
Petitioner, Filed: August 19, 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)
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On January 16, 2020, Valorie Scamyhorn Hodges 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”) caused by an influenza vaccination administered on
October 5, 2017. Petition at 1. Petitioner further alleges that she suffered from the
sequalae of her injury for more than six months, that she has never received
compensation for her vaccine related injuries, and that she received the vaccination within
the United States. Petition at 1, 4. 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 1:19-vv-00078-UNJ Document 37 Filed 09/21/20 Page 2 of 5
On March 27, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On August 18, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $48,518.95
(comprised of $45,000.00 in pain and suffering and $3,518.95 for past unreimbursable
expenses) and $648.05 to satisfy a Medicaid lien. Proffer at 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
(1) a lump sum payment of $48,518.95 (comprised of $45,000.00 in pain and
suffering and $3,518.95 for past unreimbursable expenses) in the form of a
check payable to Petitioner; and
(2) A lump sum payment of $648.05, representing compensation for
satisfaction of the Medicaid lien, payable jointly to petitioner3 and to:
Ohio Tort Recovery Unit
350 Worthington Road,, Suite G
Westerville, Ohio 43082
Case Number 1166063
These amounts 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Petitioner agrees to endorse this payment to Ohio Tort Recovery Unit.
4 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-00078-UNJ Document 37 Filed 09/21/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
VALORIE SCAMYHORN HODGES, )
)
Petitioner, )
) No. 19-78V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 16, 2019, Valorie Scamyhorn Hodges (“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 5, 2017. Petition at 1. On March 26, 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 27, 2020, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 24; ECF No. 25.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $45,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-00078-UNJ Document 37 Filed 09/21/20 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 $3,518.95. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Medicaid Lien
Evidence supplied by petitioner documents that she has an outstanding Medicaid lien.
Respondent proffers that petitioner should be awarded a lump sum of $648.05, which amount
represents reimbursement of a Medicaid lien for services rendered on behalf of petitioner due to
her vaccine-related injury, in the form of a check payable jointly to petitioner and,
Ohio Tort Recovery Unit
350 Worthington Road, Suite G
Westerville, Ohio 43082
Case Number 1166063
Petitioner agrees to endorse the check to Ohio Tort Recovery Unit.
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 lump sum payments 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 $48,518.95, in the form of a check payable to petitioner, and a lump sum payment of
$648.05, in the form of a check payable to petitioner and Ohio Tort Recovery Unit.
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 1:19-vv-00078-UNJ Document 37 Filed 09/21/20 Page 5 of 5
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner, Valorie Scamyhorn Hodges: $48,518.95
B. Lump Sum paid to petitioner and Ohio Tort Recovery Unit: $648.05.
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
HEATHER L. PEARLMAN
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: August 18, 2020
3