Layne Du Vivier v. HHS - HPV, left shoulder injury related to vaccine administration (SIRVA) (2024)

Layne Du Vivier filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021, alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving a human papillomavirus (HPV) vaccine on September 6, 2020. An amended petition was filed on July 26, 2022.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 23, 2024, conceding that Ms. Du Vivier's claim met the Table criteria for SIRVA.

Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 24, 2024, finding Ms.

Du Vivier entitled to compensation. Subsequently, on May 13, 2024, the respondent filed a proffer on award of compensation, which Ms.

Du Vivier agreed to. Chief Special Master Corcoran issued a decision awarding damages on June 14, 2024.

Ms. Du Vivier was awarded a total of $60,654.00, consisting of $60,000.00 for pain and suffering and $654.00 for past unreimbursable expenses.

This award represents compensation for all damages available under the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Debra A. Filteau Begley of the U.S.

Department of Justice.