VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00342
Package ID: USCOURTS-cofc-1_20-vv-00342
Petitioner: Donna Leep
Filed: 2021-07-19
Decided: 2021-10-08
Vaccine: influenza
Vaccination date: 2018-10-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 110302

AI-assisted case summary:
Donna Leep filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she received an influenza vaccination on October 11, 2018, which resulted in a shoulder injury related to vaccine administration (SIRVA). Respondent conceded that Ms. Leep was entitled to compensation, agreeing that her injury met the criteria set forth in the Vaccine Injury Table for SIRVA. Respondent noted that Ms. Leep had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, and her symptoms were limited to the injection site shoulder. The case proceeded as a Table claim. On September 1, 2021, the parties submitted a proffer on award of compensation. Chief Special Master Corcoran issued a decision awarding Ms. Leep a lump sum payment of $110,302.68, which included $110,000.00 for pain and suffering and $302.68 for past unreimbursable medical expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00342-0
Date issued/filed: 2021-08-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/19/2021) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00342-UNJ Document 30 Filed 08/18/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0342V
UNPUBLISHED
DONNA LEEP, Chief Special Master Corcoran
Petitioner, Filed: July 19, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 25, 2020, Donna Leep 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 received an influenza (“flu”) vaccination in
her left deltoid on October 11, 2018, resulting in a shoulder injury related to vaccine
administration (SIRVA) as defined in the Vaccine Injury Table. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On July 14, 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 determined that Petitioner has satisfied the criteria set forth
in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA
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-00342-UNJ Document 30 Filed 08/18/21 Page 2 of 2
due to an intramuscular flu vaccination. Id. at 8. Respondent further agrees that the
record shows that Petitioner had no relevant history of pain, inflammation, or dysfunction
in her left shoulder prior to vaccination; that Petitioner’s pain and reduced range of motion
occurred within 48 hours of receipt of an intramuscular vaccination; that Petitioner’s
symptoms were limited to the shoulder in which the vaccine was administered; and that
no other condition or abnormality was identified to explain Petitioner’s symptoms. 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-00342-1
Date issued/filed: 2021-10-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/01/2021) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00342-UNJ Document 36 Filed 10/08/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-342V
UNPUBLISHED
DONNA LEEP, Chief Special Master Corcoran
Petitioner, Filed: September 2, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 25, 2020, Donna Leep 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) after receiving an influenza (“flu”) vaccination on October 11,
2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On July 19, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a left SIRVA. On September 1, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $110,302.68.
Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the
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-00342-UNJ Document 36 Filed 10/08/21 Page 2 of 4
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 $110,302.68 in the form of a check payable to Petitioner. This award
is comprised of $110,000.00 for pain and suffering and $302.68 for past unreimbursable
out-of-pocket medical expenses.
These amounts represent 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-00342-UNJ Document 36 Filed 10/08/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DONNA LEEP, )
)
Petitioner, ) No. 20-342V
) Chief Special Master
v. ) Brian H. Corcoran
) SPU
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On March 25, 2020, Donna Leep (“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. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on July 14, 2021. (ECF No. 26) Based on
Respondent’s Rule 4(c) Report, on July 19, 2021, Chief Special Master Corcoran found
petitioner entitled to compensation for her left shoulder SIRVA injury. (ECF No. 27)
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$110,302.68. The award is comprised of $110,000.00 for pain and suffering, and $302.68 for
past unreimbursable out-of-pocket medical expenses. This represents 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $ $110,302.68, in the form of a check made payable to

Case 1:20-vv-00342-UNJ Document 36 Filed 10/08/21 Page 4 of 4
petitioner. 1 Petitioner agrees.
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
s/Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
Althea.Davis@usdoj.gov
DATED: September 1, 2021
1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering.