VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01090
Package ID: USCOURTS-cofc-1_19-vv-01090
Petitioner: Shirley Ozio
Filed: 2019-07-29
Decided: 2021-04-27
Vaccine: influenza
Vaccination date: 2018-11-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45688

AI-assisted case summary:
Shirley Ozio filed a petition for compensation under the National Vaccine Injury Compensation Program on July 29, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 12, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 8, 2021, conceding that Ms. Ozio was entitled to compensation. The respondent agreed that Ms. Ozio suffered a "Table injury" and had satisfied all legal prerequisites for compensation under the Act. On January 11, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Ozio entitled to compensation. Subsequently, on March 26, 2021, the respondent filed a proffer on award of compensation. The proffer recommended an award of $45,688.00, consisting of $45,000.00 for pain and suffering and $688.00 for past unreimbursed expenses. Ms. Ozio agreed with the proffered award. Chief Special Master Corcoran issued a decision on April 27, 2021, awarding Ms. Ozio the stipulated lump sum of $45,688.00, payable by check to Petitioner. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received by Ms. Ozio.

Theory of causation field:
Petitioner Shirley Ozio alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on November 12, 2018. The respondent conceded that the injury constituted a "Table injury" and that petitioner met all legal prerequisites for compensation. The case proceeded to an award based on a stipulation. The theory of causation relied on the Vaccine Injury Table for SIRVA. No specific medical experts or detailed causation mechanisms beyond the Table designation were described in the provided public text. The award was a lump sum of $45,688.00, comprising $45,000.00 for pain and suffering and $688.00 for past unreimbursed expenses. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on January 11, 2021, and the final decision awarding damages on April 27, 2021. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Alexa Roggenkamp.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01090-0
Date issued/filed: 2021-02-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/11/2021) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01090-UNJ Document 29 Filed 02/24/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1090V
UNPUBLISHED
SHIRLEY OZIO, Chief Special Master Corcoran
Petitioner, Filed: January 11, 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.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On July 29, 2019, Shirley Ozio 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 that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as defined by the Vaccine Injury Table after receiving the
influenza vaccine on November 12, 2018. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On January 8, 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 indicates that he “concluded that [P]etitioner suffered a Table
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-01090-UNJ Document 29 Filed 02/24/21 Page 2 of 2
SIRVA.” Id. at 3. Respondent further agrees that “[P]etitioner has satisfied all legal
prerequisites for compensation under the Act.” Id. at 4.
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-01090-1
Date issued/filed: 2021-04-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/26/2021) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01090-UNJ Document 36 Filed 04/27/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1090V
UNPUBLISHED
SHIRLEY OZIO, Chief Special Master Corcoran
Petitioner, Filed: March 26, 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.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 29, 2019, Shirley Ozio 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 that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as defined by the Vaccine Injury Table after receiving the
influenza vaccine on November 12, 2018. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On January 11, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On March 26, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $45,688.00,
representing $45,000.00 for her actual pain and suffering and $688.00 for her past
unreimbursed expenses. Proffer at 1-2. In the Proffer, Respondent represented that
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-01090-UNJ Document 36 Filed 04/27/21 Page 2 of 5
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 a lump
sum payment of $45,688.00, representing $45,000.00 for her actual pain and
suffering and $688.00 for her actual unreimbursable 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-01090-UNJ Document 36 Filed 04/27/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SHIRLEY OZIO,
Petitioner, No. 19-1090V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 29, 2019, Shirley Ozio (“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”)
in her left shoulder as a result of an influenza (“flu”) vaccine administered on November 12,
2018. Petition (“Pet.”) at 1. On January 8, 2021, 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, and the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation on January 11, 2021. ECF No. 25; ECF No. 26.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Shirley Ozio should be awarded $45,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursed Expenses
Evidence supplied by petitioner documents his expenditure of past unreimbursable

Case 1:19-vv-01090-UNJ Document 36 Filed 04/27/21 Page 4 of 5
expenses related to her vaccine-related injury. Respondent proffers that the petitioner is entitled
to past unreimbursed expenses in the amount of $688.00. Petitioner agrees.
The above amounts represent all elements of compensation to which petitioner would be
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 be made through a lump
sum payment as described below:
A lump sum payment of $45,688.00, in the form of a check payable to petitioner,
Shirley Ozio.
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
2

Case 1:19-vv-01090-UNJ Document 36 Filed 04/27/21 Page 5 of 5
/s/ Alexa Roggenkamp
ALEXA ROGGENKAMP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4179
alexa.roggenkamp@usdoj.gov
DATED: March 26, 2021
3