VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00587
Package ID: USCOURTS-cofc-1_20-vv-00587
Petitioner: Helen Morton
Filed: 2021-10-12
Decided: 2022-05-23
Vaccine: influenza
Vaccination date: 2018-12-14
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 82616

AI-assisted case summary:
Helen Morton filed a petition for compensation under the National Vaccine Injury Compensation Program on May 12, 2020, alleging that an influenza vaccine administered on December 14, 2018, caused her to suffer a left shoulder injury related to vaccine administration (SIRVA). The petition stated that the vaccine was administered in the United States, that she had suffered residual effects for more than six months, and that there had been no prior award or settlement for the injury. The case was assigned to the Special Processing Unit. On October 6, 2021, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, agreeing that Ms. Morton met the Table criteria for a SIRVA and had satisfied the statutory requirements. Based on the Respondent's concession and the evidence, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 12, 2021, finding Petitioner entitled to compensation. Subsequently, on April 21, 2022, the Respondent filed a Proffer on Award of Compensation. The parties agreed to a total award of $82,616.11, which included $82,500.00 for pain and suffering and $116.11 for past unreimbursable expenses. Chief Special Master Corcoran issued a decision on May 23, 2022, awarding this amount as a lump sum payment to Petitioner. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Emilie Williams of the U.S. Department of Justice.

Theory of causation field:
Petitioner Helen Morton alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on December 14, 2018. The Respondent conceded entitlement to compensation, agreeing that Petitioner met the Table criteria for a SIRVA. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The case proceeded to an award based on the Respondent's concession. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 12, 2021, and a Decision Awarding Damages on May 23, 2022. The award totaled $82,616.11, consisting of $82,500.00 for pain and suffering and $116.11 for past unreimbursable expenses. Petitioner was represented by Leah VaSahnja Durant and Respondent by Emilie Williams.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00587-0
Date issued/filed: 2021-11-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/12/2021) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00587-UNJ Document 33 Filed 11/22/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-587V
UNPUBLISHED
HELEN MORTON, Chief Special Master Corcoran
Petitioner, Filed: October 12, 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 VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 12, 2020, Helen Morton 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 from a left shoulder injury related to
vaccine administration (“SIRVA”) caused by an influenza vaccine administered on
December 14, 2018. Petition at 1. Petitioner further alleges that the vaccine was
administered within the United States, that she has suffered the residual effects of her
injury fore more than six months, and that there has been no award or civil settlement for
her vaccine-related injury. Petition at 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-00587-UNJ Document 33 Filed 11/22/21 Page 2 of 2
On October 6, 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 concluded that Petitioner meets the Table criteria for a
SIRVA. Id. at 6. Respondent further agrees that Petitioner has satisfied the statutory
requirements for compensation. 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-00587-1
Date issued/filed: 2022-05-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/22/2022) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00587-UNJ Document 44 Filed 05/23/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-587V
UNPUBLISHED
HELEN MORTON, Chief Special Master Corcoran
Petitioner, Filed: April 22, 2022
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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 12, 2020, Helen Morton 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 caused by an influenza vaccine administered on December 14, 2018.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On October 12, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On April 21, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $82,616.11 comprised
of $82,500.00 for pain and suffering and $116.11 for past unreimbursable expenses.
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-00587-UNJ Document 44 Filed 05/23/22 Page 2 of 5
Proffer at 1-2. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $82,616.11 (comprised of $82,500.00 for pain and suffering, and
$116.11 for pat unreimbursable expenses) 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 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-00587-UNJ Document 44 Filed 05/23/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
HELEN MORTON, )
)
Petitioner, )
) No. 20-587V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 12, 2020, Helen Morton (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine she received on December 14, 2018. Petition at 1. On October 6, 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 SIRVA Table injury, and on
October 12, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 29; ECF No. 30.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $82,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00587-UNJ Document 44 Filed 05/23/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $116.11. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all 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 following1: a lump sum payment of $82,616.11, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Helen Morton: $82,616.11
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
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

Case 1:20-vv-00587-UNJ Document 44 Filed 05/23/22 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Emilie F. Williams
EMILIE F. WILLIAMS
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) 305-0124
Emilie.williams@usdoj.gov
DATED: April 21, 2022
3