VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00312
Package ID: USCOURTS-cofc-1_21-vv-00312
Petitioner: Layne Du Vivier
Filed: 2021-01-08
Decided: 2024-06-14
Vaccine: HPV
Vaccination date: 2020-09-06
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60654

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Layne Du Vivier alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a human papillomavirus (HPV) vaccine on September 6, 2020. The respondent conceded that the claim met the Table criteria for SIRVA. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. A ruling on entitlement was issued on January 24, 2024, finding Petitioner entitled to compensation. On May 13, 2024, a proffer on award of compensation was filed, agreeing to a total award of $60,654.00, comprising $60,000.00 for pain and suffering and $654.00 for past unreimbursable expenses. Chief Special Master Brian H. Corcoran issued the decision awarding damages on June 14, 2024. Petitioner was represented by Leah VaSahnja Durant and respondent by Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00312-0
Date issued/filed: 2024-02-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/24/2024) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-00312-UNJ Document 38 Filed 02/23/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0312V
LAYNE DU VIVIER, Chief Special Master Corcoran
Petitioner, Filed: January 24, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 8, 2021, Layne Du Vivier 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 July 26, 2022, she filed an amended petition. ECF No. 19. Petitioner
alleges that she suffered a left shoulder injury related to vaccine administration (“SIRVA”),
a defined Table injury, after receiving a human papillomavirus (“HPV”) vaccine on
September 6, 2020. Amended Petition at 1, ¶¶ 1, 9. Petitioner further alleges she received
the vaccine within the United States, that she suffered the residual effects of her injury for
more than six months, and that neither she nor any other party has filed a civil action or
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-00312-UNJ Document 38 Filed 02/23/24 Page 2 of 2
received compensation for her injury. Id. at ¶¶ 1, 8, 10. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On January 23, 2024, 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 believes “that [P]etitioner’s claim meets the Table criteria for
SIRVA.” Id. at 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-00312-1
Date issued/filed: 2024-06-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/13/2024) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-00312-UNJ Document 43 Filed 06/14/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0312V
LAYNE DU VIVIER, Chief Special Master Corcoran
Petitioner, Filed: May 13, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 8, 2021, Layne Du Vivier 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 July 26, 2022, she filed an amended petition. ECF No. 19. Petitioner
alleges that she suffered a left shoulder injury related to vaccine administration (“SIRVA”),
a defined Table injury, after receiving a human papillomavirus vaccine on September 6,
2020. Amended Petition at 1, ¶¶ 1, 9. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 24, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On May 13, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $60,654.00,
representing $60,000.00 for pain and suffering and $654.00 for past unreimbursable
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-00312-UNJ Document 43 Filed 06/14/24 Page 2 of 5
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 $60,654.00, representing $60,000.00 for pain and suffering and
$654.00 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-00312-UNJ Document 43 Filed 06/14/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
LAYNE DU VIVIER, *
*
Petitioner, * No. 21-312V
* Chief Special Master Corcoran
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 8, 2021, Layne Du Vivier (“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 a
human papillomavirus (“HPV”) vaccine she received on September 6, 2020.1 Petition at 1. On
January 23, 2024, 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 that same day, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 36; ECF No. 37.
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.
1 Petitioner filed an Amended Petition on July 26, 2022. ECF No. 19. The Amended Petition
provided further details regarding petitioner’s case, but petitioner did not allege any new claims.

Case 1:21-vv-00312-UNJ Document 43 Filed 06/14/24 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 $654.00. 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 following2: a lump sum payment of $60,654.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Layne Du Vivier: $60,654.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
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.
2

Case 1:21-vv-00312-UNJ Document 43 Filed 06/14/24 Page 5 of 5
HEATHER L. PERLMAN
Deputy Director
Torts Branch, Civil Division
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
S/ Debra A. Filteau Begley
DEBRA A. FILTEAU BEGLEY
Senior 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)616-4181
Dated: May 13, 2024 Debra.Begley@usdoj.gov
3