VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00303
Package ID: USCOURTS-cofc-1_21-vv-00303
Petitioner: Luevenia Bluefort
Filed: 2021-01-07
Decided: 2024-01-12
Vaccine: influenza
Vaccination date: 2018-10-22
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 52587

AI-assisted case summary:
Luevenia Bluefort, an adult, received an influenza vaccine on October 22, 2018. She alleged that this vaccination caused a left shoulder injury related to vaccine administration (SIRVA). The case was filed on January 7, 2021, and an amended petition was filed on April 20, 2022. Ms. Bluefort submitted evidence documenting her injury and its residual effects. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms. Bluefort's claim met the Table criteria for SIRVA and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the record, the Chief Special Master issued a ruling on entitlement on May 8, 2023, finding Ms. Bluefort entitled to compensation. Subsequently, on December 6, 2023, the respondent filed a proffer on award of compensation, which Ms. Bluefort agreed to. The court awarded Ms. Bluefort a total of $52,587.00, comprising $52,500.00 for pain and suffering and $87.00 for past unreimbursable expenses, as a lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00303-0
Date issued/filed: 2023-06-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/08/2023) regarding 29 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00303-UNJ Document 31 Filed 06/09/23 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0303V
UNPUBLISHED
LUEVENIA BLUEFORT, Chief Special Master Corcoran
Petitioner, Filed: May 8, 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.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Luevenia Bluefort filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). She filed an amended petition on April 20, 2022. ECF No. 17. Petitioner
alleges that she suffered a left shoulder injury caused-in-fact by the influenza vaccine she
received on October 22, 2018. Id. at 1, ¶¶ 1, 8. Petitioner further alleges that she
continues to suffer the residual effect of her injury more than six months post-vaccination
and that neither she nor any other party has filed a civil action or received compensation
for his injury. Id. at ¶¶ 7, 9. 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-00303-UNJ Document 31 Filed 06/09/23 Page 2 of 2
On May 4, 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,
ECF No. 27. Specifically, Respondent believes “[P]etitioner’s claim meets the Table
criteria for SIRVA.” Id. at 5. Respondent further agrees that “based on the record as it
now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the
Act.” 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-00303-1
Date issued/filed: 2024-01-12
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/06/2023) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00303-UNJ Document 43 Filed 01/12/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0303V
LUEVENIA BLUEFORT, Chief Special Master Corcoran
Petitioner, Filed: December 6, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Luevenia Bluefort filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). She filed an amended petition on April 20, 2022. ECF No. 17. Petitioner
alleges that she suffered a left shoulder injury caused-in-fact by the influenza vaccine she
received on October 22, 2018. Id. at 1, ¶¶ 1, 8. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 8, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. On December 6, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $52,587.00,
representing compensation in the amounts of $52,500.00 for pain and suffering and
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-00303-UNJ Document 43 Filed 01/12/24 Page 2 of 5
$87.00 for past unreimbursable 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 $52,587.00, representing compensation in the amounts of
$52,500.00 for pain and suffering and $87.00 for actual 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-00303-UNJ Document 43 Filed 01/12/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
LUEVENIA BLUEFORT, )
)
Petitioner, )
) No. 21-303V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 7, 2021, Luevenia Bluefort (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza (“flu”) vaccination on October 22, 2018. Petition at 1, 3. On May 4, 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 a SIRVA Table injury,
and on May 8, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 27; ECF No. 28.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $52,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00303-UNJ Document 43 Filed 01/12/24 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 $87.00. 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.
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 $52,587.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Luevenia Bluefort: $52,587.00.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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 lost earnings
and future pain and suffering.
2

Case 1:21-vv-00303-UNJ Document 43 Filed 01/12/24 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Mary E. Holmes
MARY E. HOLMES
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-5022
Mary.E.Holmes@usdoj.gov
DATED: December 6, 2023
3