VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00072
Package ID: USCOURTS-cofc-1_20-vv-00072
Petitioner: Debra S. DeYoung
Filed: 2020-01-23
Decided: 2022-01-06
Vaccine: influenza
Vaccination date: 2018-10-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 102500

AI-assisted case summary:
Debra S. DeYoung filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 3, 2018. The respondent conceded that her medical course was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, her pain occurred within 48 hours of the vaccination, and the pain and reduced range of motion were limited to the injection site. The respondent also confirmed that no other condition explained her shoulder pain and that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Ms. DeYoung entitled to compensation. Subsequently, the parties submitted a proffer agreeing to an award of $102,500.00 for pain and suffering, representing all elements of compensation available under the Act. The court awarded this lump sum payment to Ms. DeYoung, who is a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00072-0
Date issued/filed: 2021-09-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/04/2021) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00072-UNJ Document 33 Filed 09/09/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-72V
UNPUBLISHED
DEBRA S. DEYOUNG, Chief Special Master Corcoran
Petitioner, Filed: August 4, 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)
Glen H. Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On January 23, 2020, Debra S. DeYoung 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 shoulder injuries related to vaccine
administration (SIRVA) resulting from an influenza (flu) vaccination that was administered
to her on October 3, 2019. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On July 27, 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.
Respondent determined that “[P]etitioner’s medical course is consistent with SIRVA as
defined by the Vaccine Injury Table and corresponding Qualifications and Aids to
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 1:20-vv-00072-UNJ Document 33 Filed 09/09/21 Page 2 of 2
Interpretation.” Id. at 6. Specifically, Respondent found that “[P]etitioner had no pre-
vaccination history of pain, inflammation, or dysfunction of her right shoulder; pain
occurred within 48 hours after receipt of an intramuscular vaccination; pain and reduced
range of motion were limited to the shoulder in which the vaccine was administered; and
no other condition or abnormality, such as brachial neuritis, has been identified to explain
petitioner’s shoulder pain . . . . Additionally, based on the medical records outlined above,
petitioner suffered the residual effects of her condition for more than six months.” Id.
(citations omitted). Respondent concluded that Petitioner has satisfied all legal
perquisites for compensation under the Act. Id. Respondent further agrees that that the
scope of damages to be awarded is limited to Petitioner’s right SIRVA and its related
sequelae only. 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

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00072-1
Date issued/filed: 2022-01-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/06/2021) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00072-UNJ Document 42 Filed 01/06/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-72V
UNPUBLISHED
DEBRA S. DEYOUNG, Chief Special Master Corcoran
Petitioner, Filed: December 6, 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)
Glen H. Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for Petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 23, 2020, Debra S. DeYoung 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) resulting from an influenza (flu) vaccine administered to her on
October 3, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On August 4, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On December 6, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $102,500.00. Proffer
at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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 1:20-vv-00072-UNJ Document 42 Filed 01/06/22 Page 2 of 4
award. Id. at 2. 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 $102,500.00 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

Case 1:20-vv-00072-UNJ Document 42 Filed 01/06/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DEBRA S. DEYOUNG,
Petitioner,
v. No. 20-72V
Chief Special Master Corcoran (SPU)
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 23, 2020, Debra DeYoung (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or
“the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges she suffered a “debilitating shoulder
injury related to the vaccine administration with resulting chronic pain and decreased range of
motion in her right shoulder and arm” as a result of a flu vaccine she received on October 3,
2018. Petition at 1.
On July 27, 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 shoulder injury related to vaccine administration (“SIRVA”) Table injury, and on
August 4, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF Nos. 28 and 29.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $102,500.00 for pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This amount represent all
1

Case 1:20-vv-00072-UNJ Document 42 Filed 01/06/22 Page 4 of 4
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 following: a lump sum payment of $102,500.00, in the form of a
check payable to petitioner.1
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
s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: December 6, 2021 Email: adriana.teitel@usdoj.gov
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