VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00206
Package ID: USCOURTS-cofc-1_21-vv-00206
Petitioner: Danelle Bailey
Filed: 2021-01-07
Decided: 2023-05-02
Vaccine: influenza
Vaccination date: 2019-10-30
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 67040

AI-assisted case summary:
Danelle Bailey, a 34-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021. She alleged that an influenza vaccine administered on October 30, 2019, caused a left shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Bailey's injury was consistent with a SIRVA and that she met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 28, 2023, finding Ms. Bailey entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent recommended, and Ms. Bailey agreed, that she should be awarded $67,040.08, comprising $65,000.00 for pain and suffering and $2,040.08 for past unreimbursable expenses. Chief Special Master Corcoran issued a Decision Awarding Damages on May 2, 2023, awarding Ms. Bailey the stipulated lump sum of $67,040.08. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Parisa Tabbassian.

Theory of causation field:
Petitioner Danelle Bailey, age 34, received an influenza vaccine on October 30, 2019. She alleged a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses. The theory of causation is based on the "Table" injury, specifically SIRVA. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 28, 2023, finding petitioner entitled to compensation. On March 28, 2023, the parties submitted a proffer agreeing to a lump sum award of $67,040.08, consisting of $65,000.00 for pain and suffering and $2,040.08 for past unreimbursable expenses. Chief Special Master Corcoran issued a Decision Awarding Damages on May 2, 2023, awarding the stipulated amount. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Parisa Tabbassian.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00206-0
Date issued/filed: 2023-03-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/28/2023) regarding 32 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00206-UNJ Document 38 Filed 03/31/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-206V
UNPUBLISHED
DANELLE BAILEY, Chief Special Master Corcoran
Petitioner, Filed: February 28, 2023
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.
Parisa Tabbassian, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Danelle Bailey 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”) as a result of an influenza (“flu”) vaccine administered
on October 30, 2019. Petition at 1. Petitioner further alleges that the vaccine was
administered within the United States, that she suffered the residual effects of her injury
for more than six months, and that there has been no compensation in the form of an
award for settlement of Petitioner’s vaccine-related injury. Petition at 1-2. 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 1:21-vv-00206-UNJ Document 38 Filed 03/31/23 Page 2 of 2
On February 28, 2023, 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’s left shoulder injury is
consistent with a SIRVA as defined by the Vaccine Injury Table. Id. at 6. Respondent
further agrees that Petitioner 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_21-vv-00206-1
Date issued/filed: 2023-05-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/29/2023) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00206-UNJ Document 41 Filed 05/02/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0206V
UNPUBLISHED
DANELLE BAILEY, Chief Special Master Corcoran
Petitioner, Filed: March 29, 2023
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.
Parisa Tabbassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Danelle Bailey 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”) as a result of an influenza (“flu”) vaccine that was administered
on October 30, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On February 28, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 28, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $67,040.08
(comprised of $65,000.00 in pain and suffering and $2,040.08 in past unreimbursable
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 1:21-vv-00206-UNJ Document 41 Filed 05/02/23 Page 2 of 5
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 $67,040.08 (comprised of $65,000.00 in pain and suffering and
$2,040.08 in past 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 1:21-vv-00206-UNJ Document 41 Filed 05/02/23 Page 3 of 5
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DANELLE BAILEY,
Petitioner,
v. No. 21-206V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 7, 2021, Danelle Bailey (“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. Petitioner alleges that she received an influenza (“flu”)
vaccination in her left deltoid on October 30, 2019, at thirty-four years of age, and thereafter
suffered from a shoulder injury related to vaccine administration (“SIRVA”). See Petition at 1.
On February 28, 2023, 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 SIRVA, and on the same date, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 31; ECF No. 32.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $65,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00206-UNJ Document 41 Filed 05/02/23 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 $2,040.08. See 42 U.S.C. § 300aa-
15(a)(1)(B). 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 $67,040.08, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Danelle Bailey: $67,040.08
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:21-vv-00206-UNJ Document 41 Filed 05/02/23 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ PARISA TABASSIAN
PARISA TABASSIAN
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) 305-4035
parisa.tabassian@usdoj.gov
DATED: March 28, 2023
3