VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00387
Package ID: USCOURTS-cofc-1_19-vv-00387
Petitioner: Diana R. Hecht
Filed: 2019-03-13
Decided: 2021-01-08
Vaccine: influenza
Vaccination date: 2016-09-26
Condition: left shoulder injury
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Diana R. Hecht filed a petition for compensation on March 13, 2019, alleging a left shoulder injury resulting from an influenza vaccination received on September 26, 2016. A fact hearing was held, and the Special Master found by a preponderance of the evidence that the onset of her shoulder injury occurred within 48 hours of the vaccination. The respondent conceded that Ms. Hecht is entitled to compensation, stating that she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table. The respondent noted that she had no recent history of shoulder problems, the onset of pain was within 48 hours of the intramuscular vaccination, and she suffered residual effects for more than six months. The Special Master reviewed the record and respondent's concession, finding that Ms. Hecht is entitled to compensation. The case will now proceed to the damages phase.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00387-1
Date issued/filed: 2021-01-08
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 12/14/2020) regarding 50 Ruling on Entitlement. Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made.
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Case 1:19-vv-00387-UNJ Document 52 Filed 01/08/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 14, 2020
* * * * * * * * * * * * * * *
DIANA R. HECHT, * UNPUBLISHED
*
Petitioner, * No. 19-387V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Ruling on Entitlement; Concession;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Shoulder Injury
* Related to Vaccine Administration
Respondent. * (“SIRVA”).
*
* * * * * * * * * * * * * * *
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.
Camille M. Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 13, 2019, Diane R. Hecht (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“Vaccine Act” or “the Program”), 42
U.S.C. § 300aa-10 et seq. (2012).2 Petitioner alleged that she suffered a left shoulder injury as
the result of an influenza (“flu”) vaccination she received on September 26, 2016. Petition at 1
(ECF No. 1).
1 Because this Ruling contains a reasoned explanation for the action in this case, the undersigned
is 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, the undersigned agrees that the
identified material fits within this definition, the undersigned will redact such material from
public access.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2012). All citations in this Ruling to individual sections of the
Vaccine Act are to 42 U.S.C. § 300aa.

Case 1:19-vv-00387-UNJ Document 52 Filed 01/08/21 Page 2 of 2
A fact hearing was held on October 6, 2020, in which the undersigned found by
preponderant evidence that the onset of petitioner’s shoulder injury occurred within 48 hours of
her flu vaccination. See Ruling of Fact dated Oct. 26, 2020, at 2 (ECF No. 47).
On December 10, 2020, respondent filed an amended report pursuant to Vaccine Rule
4(c) in which he conceded that petitioner is entitled to compensation in this case. Amended
Respondent’s Report (“Am. Resp. Rept.”) at 4. Respondent stated, “[i]n light of the Special
Master’s fact ruling, and medical record evidence submitted in this case, DICP has concluded
that petitioner suffered SIRVA as defined by the Vaccine Injury Table.” Id. Specifically,
respondent stated that “petitioner had no recent history of pain, inflammation, or dysfunction of
her left shoulder; the onset of pain occurred within 48 hours after receipt of an intramuscular
vaccination3” and “petitioner suffered the residual effects of her condition for more than six
months.” Id. Therefore, petitioner has satisfied all legal prerequisites for compensation under
the Act. Id. at 5.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. § 300aa-13; Vaccine Rule 8(d). In light of
respondent’s concession and a review of the record, the undersigned finds that petitioner is
entitled to compensation. This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 “This criterion is met pursuant to the Special Master’s October 26, 2020 Ruling on Facts, and
respondent does not waive his right to a potential appeal of this issue. In addition, respondent
asserts that nothing in the Rule 4(c) Report constitutes a waiver of any defenses that respondent
may assert in the damages phase.” Am. Resp. Rept. at 4 fn.1.
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-00387-2
Date issued/filed: 2021-04-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/9/2021) regarding 56 DECISION Proffer. Signed by Special Master Nora Beth Dorsey. (Attachments: # (1) Appendix A)(mca) Service on parties made.
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Case 1:19-vv-00387-UNJ Document 60 Filed 04/06/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 9, 2021
* * * * * * * * * * * * * * *
DIANE R. HECHT, * UNPUBLISHED
*
Petitioner, * Case No. 19-387V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Damages Award; Proffer; Influenza (“Flu”)
AND HUMAN SERVICES, * Vaccine; Shoulder Injury Related to Vaccine
* Administration (“SIRVA”).
Respondent. *
*
* * * * * * * * * * * * * * *
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.
Camille M. Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 13, 2019, Diane R. Hecht (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“Vaccine Act” or “the Program”), 42
U.S.C. § 300aa-10 et seq. (2012).2 Petitioner alleged that she suffered a left shoulder injury as
the result of an influenza (“flu”) vaccination she received on September 26, 2016. Petition at 1
(ECF No. 1). On December 14, 2020, the undersigned issued a ruling finding petitioner entitled
to compensation. Ruling on Entitlement dated Dec. 14, 2020 (ECF No. 50).
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is 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, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such
material from public access.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2012). All citations in this Decision to individual sections of the
Vaccine Act are to 42 U.S.C. § 300aa.
1

Case 1:19-vv-00387-UNJ Document 60 Filed 04/06/21 Page 2 of 2
On March 8, 2021, respondent filed a Proffer on Award of Compensation, attached hereto
as Appendix A. Respondent’s Proffer on Award of Compensation (“Proffer”) dated Mar. 8,
2021 (ECF No. 55). In the Proffer, respondent represented that petitioner agrees with the
proffered award. Proffer at 2. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards:
A lump sum payment of $66,261.63 in the form of a check made payable to
petitioner, Diane R. Hecht, an award comprised of $65,000.00, for past and future pain and
suffering, and $1,261.63, in unreimbursed expenses.
Proffer at 1-2. This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a). Id. at 2.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the Proffer.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2