VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01442
Package ID: USCOURTS-cofc-1_20-vv-01442
Petitioner: Dominique Roberts
Filed: 2022-01-19
Decided: 2022-03-01
Vaccine: HPV
Vaccination date: 2018-01-19
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 130862

AI-assisted case summary:
Dominique Roberts filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a human papillomavirus (HPV) vaccine on January 19, 2018. The respondent, the Secretary of Health and Human Services, conceded that Ms. Roberts was entitled to compensation. The respondent's concession was based on the fact that Ms. Roberts had no prior history of shoulder issues, her pain began within 48 hours of the vaccination, the pain was localized to the injection site, and no other condition could explain her symptoms. The respondent also agreed that the statutory six-month sequela requirement was met. Based on the respondent's concession and the evidence, the Chief Special Master ruled that Ms. Roberts was entitled to compensation. Subsequently, a decision on damages was issued. The parties agreed to an award based on the respondent's proffer. Ms. Roberts was awarded a lump sum of $130,862.58, which included $130,000.00 for pain and suffering and $862.58 for past lost earnings. This award was intended to compensate for all damages available under the program.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01442-0
Date issued/filed: 2022-02-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/19/2022) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01442-UNJ Document 26 Filed 02/22/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1442V
UNPUBLISHED
DOMINIQUE ROBERTS, Chief Special Master Corcoran
Petitioner,
v. Filed: January 19, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Human Papillomavirus
Respondent. (HPV); Shoulder Injury Related to
Vaccine Administration (SIRVA).
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
RULIING ON ENTITLEMENT1
On October 22, 2020, Dominique Roberts 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 experienced a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the administration of a human papillomavirus
(“HPV”) vaccine on January 19, 2018. Petition at Preamble. Petitioner further alleges that
she received the vaccine in the United States, that she suffered the residual effects of her
injury for more than six months, and that neither she nor any other party has filed a civil
action or received compensation for his injury. Petition at 1, ¶¶ 2, 11-12. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 18, 2022, Respondent filed a combined Rule 4(c) Report and Proffer
in which he concedes that Petitioner is entitled to compensation in this case. Rule 4(c)
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-01442-UNJ Document 26 Filed 02/22/22 Page 2 of 2
Report and Proffer (ECF No. 20). Specifically, the records show that Petitioner had no
history of pain, inflammation, or dysfunction of her right shoulder; Petitioner’s pain
occurred within 48 hours after receipt of an intramuscular vaccination; Petitioner’s pain
was limited to the shoulder in which the vaccine was administered; and no other condition
or abnormality has been identified to explain Petitioner’s shoulder pain. Id. at 4.
Respondent further agrees that the statutory six-month sequela requirement has been
satisfied. 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-01442-1
Date issued/filed: 2022-03-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/19/2022) regarding 22 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01442-UNJ Document 27 Filed 03/01/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1442V
UNPUBLISHED
DOMINIQUE ROBERTS, Chief Special Master Corcoran
Petitioner,
v. Filed: January 19, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages decision Based on Proffer;
Table Injury; Human Papillomavirus
Respondent. (HPV); Shoulder Injury Related to
Vaccine Administration (SIRVA).
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On October 22, 2020, Dominique Roberts 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 alleged that she experienced a shoulder injury related to
vaccine administration (“SIRVA”) as a result of the administration of a human
papillomavirus (“HPV”) vaccine on January 19, 2018. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On January 18, 2022, Respondent filed a combined Rule 4(c) Report and Proffer
in which he conceded that Petitioner was entitled to compensation for her SIRVA. Rule
4(c) Report and Proffer at 1, 3-4. The following day, I issued a Ruling on Entitlement. ECF
No. 21.
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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:20-vv-01442-UNJ Document 27 Filed 03/01/22 Page 2 of 2
Respondent represents that Petitioner agrees to his proffer on an award of
compensation. Rule 4(c) Report and Proffer at 4. 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 combined Rule 4(c) Report and Proffer,3 I
award Petitioner a lump sum payment of $130,862.58 (representing $130,000.00 for
pain and suffering and $862.58 for past lost earnings) 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal
medical history, which is not generally included in a Proffer, when separately filed, I will not attach the
Proffer to the decision in this case.
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.
2