VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00219
Package ID: USCOURTS-cofc-1_21-vv-00219
Petitioner: Florent Dechard
Filed: 2021-01-07
Decided: 2023-08-18
Vaccine: influenza
Vaccination date: 2020-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50361

AI-assisted case summary:
Florent Dechard filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging that an influenza vaccine administered on September 28, 2020, caused a shoulder injury related to vaccine administration (SIRVA). An amended petition was filed on June 26, 2023. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 12, 2023, conceding that Mr. Dechard was entitled to compensation. The respondent concluded that Mr. Dechard satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a SIRVA, and also met the statutory and jurisdictional requirements. On June 29, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Mr. Dechard entitled to compensation. Subsequently, on July 10, 2023, the respondent filed a proffer on the award of compensation, indicating that Mr. Dechard should be awarded $50,361.09. This amount comprised $50,000.00 for pain and suffering and $361.09 for past unreimbursable expenses. The petitioner agreed with this proffered award. On August 18, 2023, Chief Special Master Corcoran issued a decision awarding Mr. Dechard a lump sum payment of $50,361.09, payable by check to the petitioner. This award represented compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Parisa Tabbassian.

Theory of causation field:
Petitioner Florent Dechard alleged a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on September 28, 2020. The respondent conceded entitlement, finding that the condition met the criteria set forth in the Vaccine Injury Table for SIRVA. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding the onset or symptoms of the SIRVA. The case resulted in a stipulated award of $50,361.09, consisting of $50,000.00 for pain and suffering and $361.09 for past unreimbursable expenses. The ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on June 29, 2023, and the final decision awarding damages was issued on August 18, 2023. 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-00219-0
Date issued/filed: 2023-08-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/29/2023) regarding 34 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00219-UNJ Document 41 Filed 08/04/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-219V
FLORENT DECHARD, Chief Special Master Corcoran
Petitioner, Filed: June 29, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
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, Florent Dechard filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”) and an amended petition on June 26, 2023. Petitioner alleges that he
suffered a shoulder injury related to vaccine administration (“SIRVA”) caused by an
influenza (“flu”) vaccine administered on September 28, 2020. Amended Petition at 1-2.
Petitioner further alleges that he received the vaccine in the United States, that he
suffered the residual effects of his injury for more than six months, and that he, nor any
other party, has received compensation in the form of an award or settlement for his
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00219-UNJ Document 41 Filed 08/04/23 Page 2 of 2
vaccine-related injury. Amended Petition at 1-5. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 12, 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 has satisfied the criteria set forth
in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a SIRVA.
Id. at 4 . Respondent further agrees that Petitioner has satisfied the statutory and
jurisdictional requirements for compensation. Id. at 4-5.
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-00219-1
Date issued/filed: 2023-08-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/13/2023) regarding 37 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00219-UNJ Document 42 Filed 08/18/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-219V
FLORENT DECHARD, Chief Special Master Corcoran
Petitioner, Filed: July 13, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
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, Florent Dechard 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) caused by an influenza (“flu”) vaccine administered on
September 28, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On June 29, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On July 10, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $50,361.09 (comprised
of $50,000.00 in pain and suffering and $361.09 for past unreimbursable expenses.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00219-UNJ Document 42 Filed 08/18/23 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 $50,361.09 (comprised of $50,000.00 for pain and suffering and
$361.09 for 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-00219-UNJ Document 42 Filed 08/18/23 Page 3 of 5
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
FLORENT DECHARD,
Petitioner,
No. 21-219V
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 7, 2021, Florent Dechard (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 et
seq. (“Vaccine Act”). Petitioner alleges that an influenza (“flu”) vaccination administered in his
left deltoid on September 28, 2020, caused a shoulder injury related to vaccine administration
(“SIRVA”). Petition at 1. On June 12, 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 June 29, 2023, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 29; ECF No. 34.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:21-vv-00219-UNJ Document 42 Filed 08/18/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $361.09. 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 $50,361.09, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Florent Dechard: $50,361.09
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-00219-UNJ Document 42 Filed 08/18/23 Page 5 of 5
LARA A. ENGLUND
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: July 10, 2023
3