VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00291
Package ID: USCOURTS-cofc-1_21-vv-00291
Petitioner: Stephanie Zaremba
Filed: 2021-01-07
Decided: 2023-08-17
Vaccine: influenza
Vaccination date: 2019-10-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 92450

AI-assisted case summary:
Stephanie Zaremba filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on October 24, 2019. She stated that she received the vaccine in the United States and suffered residual effects for more than six months. The respondent conceded that Ms. Zaremba was entitled to compensation, finding that she met the criteria for SIRVA on the Vaccine Injury Table. Specifically, the respondent noted that she had no prior shoulder issues, the pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also confirmed she timely filed her claim, received the vaccine in the U.S., and met the severity requirement. Based on the respondent's concession and the evidence, the court found Ms. Zaremba entitled to compensation. Subsequently, the parties stipulated to an award of $92,450.51, which included $90,000.00 for pain and suffering and $2,450.51 for past unreimbursable expenses. The court awarded this lump sum payment to Ms. Zaremba.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00291-0
Date issued/filed: 2023-04-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/03/2023) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00291-UNJ Document 24 Filed 04/03/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-291V
UNPUBLISHED
STEPHANIE ZAREMBA, Chief Special Master Corcoran
Petitioner, Filed: March 3, 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.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2023, Stephanie Zaremba 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 (SIRVA) resulting from adverse effects of an influenza (flu) vaccination she
received on October 24, 2019. Petition at 1. Petitioner further alleges that she received
the vaccination within the United States, she suffered the residual effects of her symptoms
for more than six months, and neither she, nor any other party, has ever received
compensation in the form of an award or settlement for 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-00291-UNJ Document 24 Filed 04/03/23 Page 2 of 2
On January 30, 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. Respondent found that “[P]etitioner has satisfied the criteria set forth in the Vaccine
Injury Table and Qualifications and Aids to Interpretation for SIRVA. Id. at 5. Specifically,
Respondent determined that “[P]etitioner had no history of pain, inflammation, or
dysfunction of her left shoulder that would explain her symptoms after vaccination; pain
occurred within forty-eight hours after receipt of an intramuscular vaccination; 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 pain.” Id. (citing 42 C.F.R.
§§ 100.3(a)(XIV)(B), 100.3(c)(10)). Respondent further agrees that “the records show
that [P]etitioner timely filed her claim, that she received the flu vaccine in the United
States, and that she satisfies the statutory severity requirement by suffering the residual
effects or complications of her injury for more than six months after vaccine
administration.” Id. (citing See 42 U.S.C. § 300aa-11(c)(1)(D)(i)).
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-00291-1
Date issued/filed: 2023-08-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/18/2023) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00291-UNJ Document 32 Filed 08/17/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-291V
STEPHANIE ZAREMBA, Chief Special Master Corcoran
Petitioner, Filed: July 18, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Stephanie Zaremba 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 (SIRVA) resulting from adverse effects of an influenza (flu) vaccination she
received on October 24, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 3, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On July 18, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $92,450.51 ($90,000.00
for pain and suffering and $2,450.51 for past unreimbursable expenses). Proffer at 2. In
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-00291-UNJ Document 32 Filed 08/17/23 Page 2 of 5
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 $92,450.51 ($90,000.00 for pain and suffering and $2,450.51 for
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-00291-UNJ Document 32 Filed 08/17/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
STEPHANIE ZAREMBA,
Petitioner,
v. No. 21-291V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 7, 2021, Stephanie Zaremba (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
-34, as amended. She alleges that she sustained a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, within the Table time
period following administration of an Influenza vaccine she received on October 24, 2019. See
Petition. On January 30, 2023, respondent filed his Vaccine Rule 4(c) report, indicating that
this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury.
ECF No. 20. On March 3, 2023, the Chief Special Master issued a ruling on entitlement,
finding that petitioner was entitled to compensation for a SIRVA Table injury. ECF No. 22.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address
after the Damages Decision is issued.

Case 1:21-vv-00291-UNJ Document 32 Filed 08/17/23 Page 4 of 5
II. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $90,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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 $2,450.51. 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.
III. 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 following2: a lump sum payment of $92,450.51, in the
form of a check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Stephanie Zaremba: $92,450.51
2 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 pain
and suffering.

Case 1:21-vv-00291-UNJ Document 32 Filed 08/17/23 Page 5 of 5
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Tyler C. King
TYLER C. KING
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) 305-0730
Tyler.King@usdoj.gov
Dated: July 18, 2023