VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01190
Package ID: USCOURTS-cofc-1_19-vv-01190
Petitioner: Rebecca Alger
Filed: 2019-08-14
Decided: 2021-04-27
Vaccine: influenza
Vaccination date: 2018-09-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70700

AI-assisted case summary:
Rebecca Alger filed a petition for compensation under the National Vaccine Injury Compensation Program on August 14, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 21, 2018. The respondent conceded that the petitioner suffered a SIRVA that met the definition of a Table SIRVA and was entitled to compensation. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on January 15, 2021. Subsequently, on March 26, 2021, the respondent filed a proffer proposing an award of $70,700.00. This amount consisted of $70,000.00 for pain and suffering and $700.00 for past unreimbursable expenses. The petitioner agreed with this proffered award. Chief Special Master Brian H. Corcoran issued a decision on April 27, 2021, awarding the petitioner a lump sum payment of $70,700.00, payable by check to Ms. Alger. The decision noted that the award represented compensation for all damages available under § 15(a) of the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Lauren Kells of the U.S. Department of Justice.

Theory of causation field:
Petitioner Rebecca Alger filed a petition on August 14, 2019, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 21, 2018. The injury met the definition of a Table SIRVA. Respondent conceded entitlement to compensation. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on January 15, 2021. On March 26, 2021, Respondent filed a proffer on award of compensation, proposing $70,000.00 for pain and suffering and $700.00 for past unreimbursable expenses, totaling $70,700.00. Petitioner agreed with the proffer. Chief Special Master Corcoran issued a decision on April 27, 2021, awarding the lump sum of $70,700.00. Petitioner was represented by Leah VaSahnja Durant and respondent by Lauren Kells. The public text does not describe the specific mechanism of injury, medical experts, or detailed clinical facts beyond the condition and vaccine.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-01190-0
Date issued/filed: 2021-03-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/15/2021) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01190-UNJ Document 25 Filed 03/03/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1190V
UNPUBLISHED
REBECCA ALGER, Chief Special Master Corcoran
Petitioner, Filed: January 15, 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.
Lauren Kells, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 14, 2019, Rebecca Alger 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”) which meets the definition of a Table SIRVA after receiving the
influenza vaccine on September 21, 2018. Petition at 1, ¶¶ 1, 10. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On January 15, 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 “has concluded that [P]etitioner suffered a SIRVA of the right
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-01190-UNJ Document 25 Filed 03/03/21 Page 2 of 2
shoulder as defined by the Vaccine Injury Table.” Id. at 6. Respondent further agrees
that “based on the record as it now stands, [P]etitioner 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_19-vv-01190-1
Date issued/filed: 2021-04-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/26/2021) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01190-UNJ Document 31 Filed 04/27/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1190V
UNPUBLISHED
REBECCA ALGER, 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.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 14, 2019, Rebecca Alger 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”) which meets the definition of a Table SIRVA after receiving the
influenza vaccine on September 21, 2018. Petition at 1, ¶¶ 1, 10. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On January 15, 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 $70,700.00,
representing $70,000.00 for her pain and suffering and $700.00 for her past
unreimbursable 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-01190-UNJ Document 31 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 $70,700.00, representing $70,000.00 for her pain and suffering and
$700.00 for her past 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-01190-UNJ Document 31 Filed 04/27/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
REBECCA ALGER, )
)
Petitioner, )
) No. 19-1190V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 14, 2019, Rebecca Alger (“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 September 21, 2018. Petition at 1. On January 15, 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 for a SIRVA Table injury, and on
January 15, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 21; ECF No. 22.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $70,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-01190-UNJ Document 31 Filed 04/27/21 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 $700.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
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 a
lump sum payment 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 $70,700.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Rebecca Alger: $70,700.00
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
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-01190-UNJ Document 31 Filed 04/27/21 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Lauren Kells
LAUREN KELLS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4187
Email: Lauren.Kells@usdoj.gov
DATED: March 26, 2021
3