VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00316
Package ID: USCOURTS-cofc-1_21-vv-00316
Petitioner: Dilean Frani
Filed: 2021-01-08
Decided: 2023-05-19
Vaccine: HPV
Vaccination date: 2020-06-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 82640

AI-assisted case summary:
Dilean Frani filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from a human papillomavirus (HPV) vaccine received on June 2, 2020. The petition stated that the vaccine was administered in the United States, she suffered sequelae of her injury for more than six months, and had not received prior compensation. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that her medical course was consistent with a Table SIRVA, and that she suffered residual effects for more than six months. Based on the concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, a decision awarding damages was issued. Respondent proffered an award of $82,640.00, comprised of $82,500.00 for pain and suffering and $140.00 for past unreimbursable expenses, which Petitioner agreed to. The Chief Special Master awarded Petitioner this lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00316-0
Date issued/filed: 2023-05-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/18/2023) regarding 32 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00316-UNJ Document 39 Filed 05/19/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0316V
UNPUBLISHED
DILEAN FRANI, Chief Special Master Corcoran
Petitioner, Filed: April 18, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Human Papillomavirus
(HPV) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On January 8, 2021, Dilean Frani 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 a human papillomavirus vaccine received on June
2, 2020. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, she suffered sequela of her injury for more than six months, and neither
Petitioner nor any other party has ever received compensation in the form of an award or
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-00316-UNJ Document 39 Filed 05/19/23 Page 2 of 2
settlement for her vaccine-related injury. Petition at ¶¶ 3, 5; Ex. 2 at 26. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 17, 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’s medical course is consistent with a
Table SIRVA in that “petitioner had no history of pain, inflammation, or dysfunction of her
left shoulder; pain occurred within 48 hours after receipt of an intramuscular vaccination;
pain was limited to the shoulder where the vaccine was administered; and no other
condition, such as brachial neuritis, has been identified to explain petitioner’s shoulder
pain.” Id. at 4. Respondent further agrees that the records show that Petitioner suffered
the residual effects of her condition for more than six months, and has satisfied all legal
prerequisites for compensation. Id. at 4-5.
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-00316-1
Date issued/filed: 2023-06-12
Pages: 5
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/08/2023) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00316-UNJ Document 40 Filed 06/12/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0316V
UNPUBLISHED
DILEAN FRANI, Chief Special Master Corcoran
Petitioner, Filed: May 8, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Human Papillomavirus (HPV)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On January 8, 2021, Dilean Frani 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 a human papillomavirus vaccine received on June
2, 2020. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, she suffered sequela of her injury for more 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. Petition at ¶¶ 3, 5; Ex. 2 at 26. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished 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-00316-UNJ Document 40 Filed 06/12/23 Page 2 of 5
On April 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On May 8, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $82,640.00. 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 $82,640.00 (comprised of $82,500.00 in pain and suffering and
$140.00 in 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-00316-UNJ Document 40 Filed 06/12/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DILEAN FRANI, )
)
Petitioner, )
) No. 21-316V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 8, 2021, Dilean Frani (“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 June 2, 2020. Petition at Introduction. On
April 17, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)
Report recommending compensation under the terms of the Act for a SIRVA Table injury. ECF
29. On April 18, 2023, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation for a SIRVA Table injury. ECF No. 32.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $82,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00316-UNJ Document 40 Filed 06/12/23 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 $140.00. 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 $82,640.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Dilean Frani: $82,640.00
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 lost earnings
and future pain and suffering.
2

Case 1:21-vv-00316-UNJ Document 40 Filed 06/12/23 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
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) 616-3644
Email: colleen.hartley@usdoj.gov
DATED: May 8, 2023
3