VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00290
Package ID: USCOURTS-cofc-1_20-vv-00290
Petitioner: Usman Amin
Filed: 2021-10-13
Decided: 2022-05-23
Vaccine: influenza
Vaccination date: 2018-10-31
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75584

AI-assisted case summary:
Usman Amin filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from his October 31, 2018 influenza vaccination. The respondent conceded entitlement to compensation, stating that Mr. Amin had no prior shoulder issues, experienced pain and reduced range of motion within 48 hours of the injection limited to the vaccination site, and had no other condition to explain his symptoms. The respondent also confirmed the case was timely filed, the vaccine was received in the U.S., and Mr. Amin met the severity requirement of suffering residual effects for over six months. Based on the respondent's concession and the evidence, the Special Master found Mr. Amin entitled to compensation. Subsequently, on May 23, 2022, a decision awarding damages was issued. The respondent proffered an award of $75,584.00, which included $72,500.00 for pain and suffering and $3,084.00 for past unreimbursed expenses. Mr. Amin agreed with this proffered award. The Special Master awarded the lump sum payment to Mr. Amin, who was determined to be a competent adult, as compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00290-0
Date issued/filed: 2021-10-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/02/2021) regarding 26 Ruling on Entitlement Signed by Special Master Daniel T. Horner. (mly) Service on parties made.
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Case 1:20-vv-00290-UNJ Document 30 Filed 10/13/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-290V
Filed: August 2, 2021
UNPUBLISHED
USMAN AMIN, 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 March 16, 2020, Usman Amin (“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 he suffered a shoulder injury related to
vaccine administration (“SIRVA”) as a result of his October 31, 2018 influenza (“flu”)
vaccination. (ECF No. 1, p. 1.)
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-00290-UNJ Document 30 Filed 10/13/21 Page 2 of 2
On July 26, 2021, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. (ECF No. 25.)
Specifically, Respondent states that:
[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; he more likely than not
suffered the onset of pain within forty-eight hours of vaccine administration;
his 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 his
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_20-vv-00290-1
Date issued/filed: 2022-05-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/27/2022) regarding 38 DECISION Stipulation/Proffer Signed by Special Master Daniel T. Horner. (mly). Service on parties made.
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Case 1:20-vv-00290-UNJ Document 42 Filed 05/23/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-290V
Filed: April 27, 2022
UNPUBLISHED
USMAN AMIN, 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 VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Kyle Pozza, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 16, 2020, Usman Amin 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”). (ECF No. 1)
On August 2, 2021, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On April 26, 2022, respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $75,584.00,
representing $72,500.00 for actual pain and suffering and $3,084.00 for past
unreimbursed expenses. (ECF No. 37.) 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 1:20-vv-00290-UNJ Document 42 Filed 05/23/22 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $75,584.00, representing $72,500.00 for actual pain and suffering
and $3,084.00 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 1:20-vv-00290-UNJ Document 42 Filed 05/23/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
USMAN AMIN, )
)
Petitioner, )
) No. 20-290V
v. ) Special Master Daniel T. Horner
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 26, 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. 25. On August
2, 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 petitioner’s Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the
Vaccine Injury Table, and related sequela. ECF No. 26.
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 $75,584.00, consisting of the
following: $72,500.00 for actual pain and suffering, and $3,084.00 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 1:20-vv-00290-UNJ Document 42 Filed 05/23/22 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 $75,584.00, 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
Principal Deputy 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 1:20-vv-00290-UNJ Document 42 Filed 05/23/22 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
Phone: (202) 616-3661
Kyle.Pozza@usdoj.gov
Date: April 26, 2022
3