VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00368
Package ID: USCOURTS-cofc-1_19-vv-00368
Petitioner: Melissa Strait
Filed: 2019-03-11
Decided: 2021-12-22
Vaccine: influenza
Vaccination date: 2017-10-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 107889

AI-assisted case summary:
Melissa Strait filed a petition on March 11, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 4, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Strait met the criteria for a Table injury, specifically SIRVA, and that her condition resulted in residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 19, 2021, finding Ms. Strait eligible for compensation. Subsequently, on November 17, 2021, the respondent filed a combined Rule 4 report and proffer on award of compensation, indicating that Ms. Strait should be awarded $107,889.87. The respondent represented that Ms. Strait agreed with this proffered award. On December 22, 2021, Chief Special Master Corcoran issued a decision awarding Ms. Strait a lump sum payment of $107,889.87. This award comprised $107,500.00 for pain and suffering and $389.87 for unreimbursable expenses. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Camille Michelle Collett.

Theory of causation field:
Petitioner Melissa Strait alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 4, 2017. The Respondent conceded that Petitioner met the criteria for a Table injury, specifically SIRVA, and that her condition resulted in residual effects for more than six months. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 19, 2021, finding Petitioner eligible for compensation. A subsequent decision on December 22, 2021, awarded Petitioner $107,889.87, consisting of $107,500.00 for pain and suffering and $389.87 for unreimbursable expenses, based on a stipulation between the parties. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Camille Michelle Collett.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00368-0
Date issued/filed: 2021-12-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/19/2021) regarding 44 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00368-UNJ Document 49 Filed 12/20/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0368V
UNPUBLISHED
MELISSA STRAIT, Chief Special Master Corcoran
Petitioner, Filed: November 19, 2021
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.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 11, 2019, Melissa Strait 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 that was administered
to her on October 4, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On November 17, 2021, 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 states that “[P]etitioner has satisfied the criteria set
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00368-UNJ Document 49 Filed 12/20/21 Page 2 of 2
forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to
Interpretation.” Id. at 7. Respondent further agrees that Petitioner 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-00368-1
Date issued/filed: 2021-12-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/19/2021) regarding 45 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00368-UNJ Document 50 Filed 12/22/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0368V
UNPUBLISHED
MELISSA STRAIT, Chief Special Master Corcoran
Petitioner, Filed: November 19, 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.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 11, 2019, Melissa Strait 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 that was administered
to her on October 4, 2017. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On November 19, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On November 17, 2021, Respondent filed a
combined Rule 4 report/proffer on award of compensation (“Rule 4/Proffer”) indicating
Petitioner should be awarded $107,889.87.00 (comprised of $107,500.00 for pain and
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00368-UNJ Document 50 Filed 12/22/21 Page 2 of 2
suffering and $389.87 for unreimbursable expenses). Rule 4/Proffer at 8. In the Rule
4/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 Rule4/Proffer, I award Petitioner a lump sum
payment of $107,889.87 (comprised of $107,500.00 for pain and suffering and
$389.87 for unreimbursable expenses) in the form of a check payable to Petitioner.
This amount represents compensation for all damages that would be available under
Section 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