VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00293
Package ID: USCOURTS-cofc-1_21-vv-00293
Petitioner: Hailey Lau
Filed: 2021-01-07
Decided: 2023-10-20
Vaccine: influenza
Vaccination date: 2020-10-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 61070

AI-assisted case summary:
Hailey Lau, a 26-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine in her left deltoid on October 8, 2020. She further alleged that she received the vaccine in the United States and that her pain lasted longer than six months. An amended petition was filed on June 22, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 24, 2023, conceding that Ms. Lau was entitled to compensation. The respondent agreed that her case met the criteria for SIRVA on the Vaccine Injury Table, that she filed her case timely, received the vaccine in the United States, and satisfied the statutory severity requirement of suffering residual effects for more than six months after vaccine administration. On May 26, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Lau entitled to compensation. Subsequently, on September 11, 2023, the respondent filed a proffer on award of compensation, proposing an award of $61,070.61. This proposed award included $60,000.00 for pain and suffering and $1,070.61 for past unreimbursable expenses. Ms. Lau agreed with this proposed award. On October 20, 2023, Chief Special Master Brian H. Corcoran issued a decision awarding Ms. Lau the stipulated lump sum of $61,070.61, payable by check to Petitioner. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Parisa Tabassian of the U.S. Department of Justice.

Theory of causation field:
Hailey Lau, age 26, received an influenza vaccine on October 8, 2020. She alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that Petitioner met the criteria for SIRVA on the Vaccine Injury Table, filed timely, received the vaccine in the United States, and satisfied the statutory severity requirement of suffering residual effects for more than six months. A ruling on entitlement was issued on May 26, 2023, finding Petitioner entitled to compensation. A proffer on award of compensation was filed on September 11, 2023, proposing an award of $61,070.61, which included $60,000.00 for pain and suffering and $1,070.61 for past unreimbursable expenses. Petitioner agreed with the proposed award. Chief Special Master Brian H. Corcoran issued a decision on October 20, 2023, awarding the stipulated lump sum of $61,070.61. Petitioner was represented by Leah VaSahnja Durant and Respondent by Parisa Tabassian.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00293-0
Date issued/filed: 2023-06-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/26/2023) regarding 32 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00293-UNJ Document 34 Filed 06/29/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0293V
UNPUBLISHED
HAILEY LAU, Chief Special Master Corcoran
Petitioner, Filed: May 26, 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 Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Hailey Lau filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On June 22, 2022, Petitioner filed an amended petition. Petitioner alleges
that she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting
from an influenza (“flu”) vaccine received in her left deltoid on October 8, 2020. Amended
Petition at 1. Petitioner further alleges she received the vaccine in the United States, her
pain lasted longer than six months, and neither Petitioner, nor any other party, has ever
received compensation in the form of an award or settlement for her vaccine-related
1 Because this unpublished 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-00293-UNJ Document 34 Filed 06/29/23 Page 2 of 2
injury. Amended Petition at ¶¶ 1, 12-13; Ex. 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 24, 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 agrees that Petitioner has satisfied the criteria set forth in the
Vaccine Injury Table and Qualifications and Aids to Interpretation for SIRVA. Id. at 5.
Respondent further agrees that “the records show that petitioner timely filed her case,
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. at 6.
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-00293-1
Date issued/filed: 2023-10-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/12/2023) regarding 39 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:21-vv-00293-UNJ Document 43 Filed 10/20/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0293V
HAILEY LAU, Chief Special Master Corcoran
Petitioner, Filed: September 12, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Hailey Lau filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On June 22, 2022, Petitioner filed an amended petition. Petitioner alleges
that she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting
from an influenza (“flu”) vaccine received in her left deltoid on October 8, 2020. Amended
Petition at 1. Petitioner further alleges she received the vaccine in the United States, her
pain lasted longer than six months, and neither Petitioner, nor any other party, has ever
received compensation in the form of an award or settlement for her vaccine-related
injury. Amended Petition at ¶¶ 1, 12-13; Ex. 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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-00293-UNJ Document 43 Filed 10/20/23 Page 2 of 5
On May 26, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On September 11, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $61,070.61. Proffer
at 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 $61,070.61 (comprised of $60,000.00 in pain and suffering and
$1,070.61 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-00293-UNJ Document 43 Filed 10/20/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
HAILEY LAU,
Petitioner,
v. No. 21-293V
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, Hailey Lau (“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 8, 2020, at twenty-six years of age, and thereafter suffered from a
shoulder injury related to vaccine administration (“SIRVA”). See Petition at 1. On May 24,
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 May 26, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 30; ECF No. 32.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00293-UNJ Document 43 Filed 10/20/23 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 $1,070.61. 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 $61,070.61, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Hailey Lau: $61,070.61
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-00293-UNJ Document 43 Filed 10/20/23 Page 5 of 5
ALEXIS B. BABCOCK
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: September 11, 2023
3