VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00407
Package ID: USCOURTS-cofc-1_20-vv-00407
Petitioner: Deborah Ferry
Filed: 2021-10-20
Decided: 2023-03-27
Vaccine: influenza
Vaccination date: 2015-10-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 140525

AI-assisted case summary:
Deborah Ferry filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 5, 2015. The respondent conceded that her claim met the Table criteria for SIRVA, finding no prior history of shoulder issues, onset of pain within 48 hours of vaccination, pain limited to the affected shoulder, and no other condition to explain her symptoms. The court found Petitioner entitled to compensation. In a subsequent decision, the court awarded damages for pain and suffering and unreimbursable expenses. Petitioner sought $145,000.00 for pain and suffering, while the respondent recommended $85,000.00. The parties agreed on $525.00 for unreimbursable expenses. Considering Petitioner's pre-existing above-the-knee amputation and prosthesis, which complicated her SIRVA experience, the court awarded $140,000.00 for pain and suffering and $525.00 for expenses, totaling $140,525.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00407-0
Date issued/filed: 2021-11-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/20/2021) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00407-UNJ Document 23 Filed 11/29/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-407V
UNPUBLISHED
DEBORAH FERRY, Chief Special Master Corcoran
Petitioner, Filed: October 20, 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 V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 9, 2020, Deborah Ferry 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 the adverse effects of an influenza (flu) vaccination
she received on October 5, 2015. Petition at 1. Petitioner further alleges she received
the vaccination within the United States, her pain lasted longer than six months, and
neither she, nor any other party, has ever received compensation in the form of an award
or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 1, 3-4. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00407-UNJ Document 23 Filed 11/29/21 Page 2 of 2
On September 30, 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 found that Petitioner’s claim meets the Table criteria for SIRVA.
Id. 5. Specifically, Respondent determined that “[P]etitioner had no apparent history of
pain, inflammation or dysfunction of the affected shoulder prior to 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 vaccine was administered; and there is
no other condition or abnormality present that would 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-00407-1
Date issued/filed: 2023-03-27
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 02/24/2023) regarding 39 DECISION of Special Master ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-00407-UNJ Document 45 Filed 03/27/23 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-407V
UNPUBLISHED
DEBORAH FERRY, Chief Special Master Corcoran
Petitioner, Filed: February 24, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Decision Awarding Damages; Pain
HUMAN SERVICES, and Suffering; Influenza (Flu)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 9, 2020, Deborah Ferry 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 the adverse effects of an influenza vaccine she
received on October 5, 2015. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters. Because the parties could not informally
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-00407-UNJ Document 45 Filed 03/27/23 Page 2 of 3
resolve the issue of damages, they were ordered to file briefs setting forth their respective
arguments and were notified that I would resolve this dispute via an expedited “Motions
Day” hearing, which ultimately took place on February 24, 2023
Petitioner seeks an award of $145,000.00 in compensation for Petitioner’s actual
pain and suffering. Respondent recommends an award of $85,000.00 for actual pain and
suffering. The parties agree on the amount of $525.00 for actual unreimbursed expenses.
After listening to the arguments of both sides, I issued an oral ruling on damages
constituting my findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A),
at the conclusion of the February 24, 2023 hearing. An official recording of the proceeding
was taken by a court reporter, although a transcript has not yet been filed in this matter. I
hereby fully adopt and incorporate that oral ruling as officially recorded.
As discussed during the hearing, in another recent decision I discussed at length
the legal standard to be considered in determining damages and prior SIRVA
compensation within SPU. I fully adopt and hereby incorporate my prior discussion in
Sections II and III of Winkle v. Sec’y Health & Human Servs., No. 20-0485V, 2022 WL
221643, at *2-4 (Fed. Cl. Spec. Mstr. Jan. 11, 2022) to the instant ruling and decision.
Additionally, the official recording of my oral ruling includes my discussion of various
comparable cases as well as specific facts relating to Petitioner’s medical history and
experience that further informed my decision awarding damages herein. For Ms. Ferry’s
case in particular, I award an amount higher than the moderate-SIRVA comparable cases
discussed at hearing, giving weight to Petitioner’s pre-existing above-the-knee
amputation and prothesis, and the resulting difficulties the SIRVA placed on her.
Accordingly, based on my consideration of the complete record as a whole and for
the reasons discussed in my oral ruling, and pursuant to Section 12(d)(3)(A), I find that
$140,000.00 represents a fair and appropriate amount of compensation for
Petitioner’s actual pain and suffering.3 I also find that Petitioner is entitled to
$525.00 in actual unreimbursable expenses.
I award Petitioner a lump sum payment of $140,525.00, in the form of a check
payable to Petitioner. This amount represents compensation for all damages that would
be available under Section 15(a).
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Human Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Human Servs., 32 F.3d 552 (Fed. Cir. 1994)).
2

Case 1:20-vv-00407-UNJ Document 45 Filed 03/27/23 Page 3 of 3
Absent a motion for review, the Clerk of the Court is directed to enter judgment in
accordance with this Decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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.
3