VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01195
Package ID: USCOURTS-cofc-1_19-vv-01195
Petitioner: Linda Leasure
Filed: 2019-08-14
Decided: 2021-11-22
Vaccine: influenza
Vaccination date: 2018-10-31
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 123369

AI-assisted case summary:
Linda Leasure filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 31, 2018 influenza vaccination. The respondent conceded that petitioner was entitled to compensation, agreeing that she had no prior shoulder issues, that her pain and reduced range of motion were limited to the vaccinated shoulder, and that the onset of symptoms occurred within forty-eight hours of vaccination. The respondent also confirmed that the petition was timely filed, the vaccine was received in the United States, and the injury had residual effects for more than six months. Based on the respondent's concession and the evidence, the Special Master found petitioner entitled to compensation. Subsequently, the parties submitted a proffer for an award of damages. The respondent proposed, and the petitioner agreed, to a lump sum payment of $123,369.54, which included $120,000.00 for pain and suffering and $3,369.54 for past unreimbursed expenses. The Special Master awarded this amount, representing compensation for all damages available under the Vaccine Act. The decision was issued on November 22, 2021.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01195-0
Date issued/filed: 2021-09-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 7/13/2021) regarding 30 Ruling on Entitlement. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made.
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Case 1:19-vv-01195-UNJ Document 34 Filed 09/01/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1195V
Filed: July 13, 2021
UNPUBLISHED
LINDA LEASURE, Special Master Daniel Horner
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (flu); Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 14, 2019, Linda Leasure (“petitioner”) 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 her October 31, 2018 influenza (“flu”)
vaccination. Petition at 1.
On July 9, 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:
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-01195-UNJ Document 34 Filed 09/01/21 Page 2 of 2
[P]etitioner had no apparent history of pain, inflammation, or dysfunction of
the affected [shoulder] prior to intramuscular vaccine administration that
would explain the alleged signs, symptoms, examination findings, and/or
diagnostic studies occurring after vaccine injection; she more likely than not
suffered the onset of pain within forty-eight hours of vaccine administration;
her pain and reduced range of motion were limited to the shoulder in which
the intramuscular vaccine was administered; and there is no other condition
or abnormality present that would explain petitioner’s symptoms.
Id. at 4. Respondent further agrees that “the records show that the case was timely
filed, that the vaccine was received in the United States, and that petitioner satisfies the
statutory severity requirement by suffering the residual effects or complications of her
injury for more than six months after vaccine administration.” Id. at 4 (citations omitted).
In view of respondent’s position and the evidence of record, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01195-1
Date issued/filed: 2021-11-22
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/28/2021) regarding 37 DECISION Stipulation/Proffer, Signed by Special Master Daniel T. Horner. (mly) Service on parties made.
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Case 1:19-vv-01195-UNJ Document 41 Filed 11/22/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1195V
Filed: October 28, 2021
UNPUBLISHED
LINDA LEASURE, Special Master Horner
Petitioner,
v. Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington D.C., for petitioner.
Kyle E. Pozza, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 14, 2019, Linda Leasure 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). (ECF No. 1.)
On July 13, 2021, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a Shoulder Injury Related to Vaccine Administration (SIRVA). On
October 26, 2021, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded a lump sum of $123,369.54 consisting of
$120,000.00 for actual pain and suffering and $3,369.54 for past unreimbursed expenses.
(ECF No. 36) 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.
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.

Case 1:19-vv-01195-UNJ Document 41 Filed 11/22/21 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $123,369.54, representing $120,000.00 for actual pain and suffering
and $3,369.54 for past unreimbursed 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/Daniel T. Horner
Daniel T. Horner
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-01195-UNJ Document 41 Filed 11/22/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LINDA LEASURE,
Petitioner,
v. No. 19-1195V
Special Master Horner
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 9, 2021, respondent filed a Vaccine Rule 4(c) report conceding that entitlement to
compensation was appropriate under the terms of the Vaccine Act. ECF No. 29. On July 13,
2021, Special Master Horner issued a Ruling on Entitlement, finding that petitioner received an
influenza (“flu”) vaccination on October 31, 2018, and was entitled to vaccine compensation for
her Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine
Injury Table, and related sequela. ECF No. 30.
I. Amount of Compensation
Respondent now proffers that, based on the Special Master’s entitlement ruling and the
evidence of record, petitioner should be awarded a lump sum of $123,369.54, consisting of the
following: $120,000.00 for actual pain and suffering, and $3,369.54 for past unreimbursed
expenses. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

Case 1:19-vv-01195-UNJ Document 41 Filed 11/22/21 Page 4 of 5
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as
described below, and request that the Special Master’s damages decision and the Court’s
judgment award the following: 1
A. Petitioner’s Damages
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $123,369.54, in the form of a check payable to petitioner.
Petitioner agrees.
B. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant 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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:19-vv-01195-UNJ Document 41 Filed 11/22/21 Page 5 of 5
/s/ Kyle E. Pozza_____________
KYLE E. POZZA
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) 616-3661
E-mail: Kyle.Pozza@usdoj.gov
Dated: October 26, 2021
3