VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01161
Package ID: USCOURTS-cofc-1_20-vv-01161
Petitioner: Deanna Ghormley
Filed: 2020-09-08
Decided: 2022-01-19
Vaccine: influenza
Vaccination date: 2018-09-27
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 53583

AI-assisted case summary:
Deanna Ghormley filed a petition on September 8, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on September 27, 2018, she received an influenza vaccine and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). Ms. Ghormley stated that her injury was a defined Table Injury and that she continued to experience residual effects more than six months post-vaccination. She also affirmed that the vaccine was administered in the United States and that neither she nor anyone else had filed a civil action or received compensation for her injury. The case was assigned to the Special Processing Unit. On November 15, 2021, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner was entitled to compensation. The Respondent agreed that Ms. Ghormley suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table and had satisfied all legal prerequisites for compensation. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 17, 2021, finding Petitioner entitled to compensation. Subsequently, on December 17, 2021, the Respondent filed a Proffer on Award of Compensation. The Proffer proposed an award of $53,583.53, consisting of $52,500.00 for pain and suffering and $1,083.53 for past unreimbursable expenses. The Proffer stated that Petitioner agreed with this proposed award. On January 19, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Ms. Ghormley a lump sum payment of $53,583.53, payable by check to Petitioner, representing compensation for pain and suffering and actual unreimbursable expenses. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Jeremy Fugate of the U.S. Department of Justice.

Theory of causation field:
Petitioner Deanna Ghormley alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 27, 2018. This condition is listed as a "Table Injury" under the Vaccine Injury Table. The Respondent conceded that Petitioner suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table and satisfied all legal prerequisites for compensation. The public decision does not describe the specific mechanism of injury or name any medical experts. Petitioner was awarded $53,583.53, consisting of $52,500.00 for pain and suffering and $1,083.53 for past unreimbursable expenses. The Ruling on Entitlement was issued on November 17, 2021, and the Decision Awarding Damages was issued on January 19, 2022, by Chief Special Master Brian H. Corcoran. Petitioner's counsel was Leigh Finfer, and Respondent's counsel was Jeremy Fugate.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01161-0
Date issued/filed: 2021-12-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/17/2021) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01161-UNJ Document 27 Filed 12/17/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1161V
UNPUBLISHED
DEANNA GHORMLEY, Chief Special Master Corcoran
Petitioner, Filed: November 17, 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.
Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 8, 2020, Deanna Ghormley 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 left shoulder injury related to vaccine
administration (“SIRVA”), a defined Table Injury, after receiving the influenza (“flu”)
vaccine on September 27, 2018. Petition at 1, ¶ 2. Petitioner further alleges she received
the vaccine in the United States, that she continues to suffer the residual effects of her
SIRVA more than six months post-vaccination, and that neither she nor any other person
has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 2, 7-9. 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-01161-UNJ Document 27 Filed 12/17/21 Page 2 of 2
On November 15, 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 [P]etitioner suffered a SIRVA
of the left shoulder as defined by the Vaccine Injury Table.” Id. at 4. Respondent further
agrees that “based on the record as it now stands, [P]etitioner has satisfied all legal
prerequisites for compensation under the Vaccine Act.” 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-01161-1
Date issued/filed: 2022-01-19
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/20/2021) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01161-UNJ Document 33 Filed 01/19/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1161V
UNPUBLISHED
DEANNA GHORMLEY, Chief Special Master Corcoran
Petitioner, Filed: December 20, 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.
Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 8, 2020, Deanna Ghormley 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 left shoulder injury related to vaccine
administration (“SIRVA”), a defined Table Injury, after receiving the influenza (“flu”)
vaccine on September 27, 2018. Petition at 1, ¶ 2.The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 17, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On December 17, 2021, Respondent filed a
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-01161-UNJ Document 33 Filed 01/19/22 Page 2 of 5
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$53,583.53, representing compensation in the amounts of $52,500.00 for her pain and
suffering and $1,083.53 for her past unreimbursable expenses. 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 $53,583.53, representing compensation in the amounts of
$52,500.00 for her pain and suffering and $1,083.53 for her actual 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 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-01161-UNJ Document 33 Filed 01/19/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
DEANNA GHORMLEY, *
*
Petitioner, * No. 20-1161V
* Chief Special Master Corcoran
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 8, 2020, Deanna Ghormley (“petitioner”) filed a Petition for
Compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
§§ 300aa-1 to-34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that she received an
influenza (“flu”) vaccine on September 27, 2018, and that she subsequently suffered a left
shoulder injury related to the vaccine administration (“SIRVA”) that meets the requirements of
the Vaccine Injury Table for flu vaccine. Petition at 1. On November 15, 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
November 17, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 24; ECF No. 25.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $52,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01161-UNJ Document 33 Filed 01/19/22 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 $1,083.53. 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 $53,583.53, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Deanna Ghormley: $53,583.53.
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
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-01161-UNJ Document 33 Filed 01/19/22 Page 5 of 5
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/ JEREMY C. FUGATE
JEREMY C. FUGATE
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) 598-3831
Dated: December 17, 2021 Jeremy.Fugate2@usdoj.gov
3