VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00342
Package ID: USCOURTS-cofc-1_21-vv-00342
Petitioner: Donna Pitts
Filed: 2021-01-08
Decided: 2023-12-22
Vaccine: influenza
Vaccination date: 2020-10-22
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 38003

AI-assisted case summary:
Donna Pitts filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021, alleging she suffered a left shoulder injury, identified as SIRVA, after receiving an influenza vaccine on October 22, 2020. She filed an amended petition on July 8, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 17, 2023, conceding that Ms. Pitts met the criteria for a SIRVA Table injury and was entitled to compensation under the Vaccine Act. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 17, 2023, finding Ms. Pitts eligible for an award. Subsequently, on November 20, 2023, the respondent filed a Proffer on Award of Compensation. In this proffer, the respondent recommended an award of $37,500.00 for pain and suffering and $503.75 for past unreimbursable expenses, totaling $38,003.75. The petitioner agreed with this proposed award. On December 22, 2023, Chief Special Master Corcoran issued a decision awarding Ms. Pitts the stipulated amount of $38,003.75, payable as a lump sum check to Ms. Pitts. This award compensates her for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Sarah Black Rifkin of the U.S. Department of Justice.

Theory of causation field:
Petitioner Donna Pitts alleged a left shoulder injury (SIRVA) following an influenza vaccine administered on October 20, 2020. The respondent conceded that the injury was a defined Table injury and that petitioner met the criteria for SIRVA. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The case proceeded as a stipulation. On October 17, 2023, a Ruling on Entitlement found petitioner entitled to compensation. On November 20, 2023, the respondent filed a Proffer recommending an award of $37,500.00 for pain and suffering and $503.75 for past unreimbursable expenses, totaling $38,003.75, which petitioner agreed to. Chief Special Master Brian H. Corcoran issued a decision on December 22, 2023, awarding the stipulated amount. Petitioner was represented by Leah VaSahnja Durant and respondent by Sarah Black Rifkin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00342-0
Date issued/filed: 2023-11-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/17/2023) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00342-UNJ Document 34 Filed 11/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0342V
DONNA PITTS, Chief Special Master Corcoran
Petitioner, Filed: October 17, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 8, 2021, Donna Pitts 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 July 8, 2022. ECF No. 20. Petitioner
alleges that she suffered a left shoulder injury, a defined Table injury, after receiving an
influenza vaccine on October 22, 2020. Id. at 1, ¶¶ 1, 7. Petitioner further alleges that she
received the vaccine within the United States, 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 her injury. Id. at ¶¶ 1, 6,
8. The case was assigned to the Special Processing Unit of the Office of Special Masters.
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-00342-UNJ Document 34 Filed 11/17/23 Page 2 of 2
On October 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 believes that “[P]etitioner has satisfied the criteria set forth in
the Vaccine Injury Table (“Table”) and the Qualifications and Aids to interpretation (“QAI”)
for SIRVA.” Id. at 4. Respondent further agrees that “based upon the present record,
[P]etitioner has satisfied all legal prerequisites for compensation under the Vaccine Act.”
Id.
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-00342-1
Date issued/filed: 2023-12-22
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/21/2023) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00342-UNJ Document 41 Filed 12/22/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-342V
DONNA PITTS, Chief Special Master Corcoran
Petitioner, Filed: November 21, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 8, 2021, Donna Pitts 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 July 8, 2022. ECF No. 20. Petitioner
alleges that she suffered a left shoulder injury, a defined Table injury, after receiving an
influenza vaccine on October 22, 2020. Id. at 1, ¶¶ 1, 7. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On October 17, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On November 20, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $37,500.00 in pain
and suffering and $503.75 in past unreimbursable expenses. Proffer at 1-2. In the Proffer,
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-00342-UNJ Document 41 Filed 12/22/23 Page 2 of 5
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 $38,003.75 ($37,500.00 in pain and suffering and $503.75 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-00342-UNJ Document 41 Filed 12/22/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DONNA PITTS,
Petitioner, No. 21-342V (ECF)
Chief Special Master Corcoran
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 8, 2021, Donna Pitts (“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”), as amended. Petitioner alleges that she suffered a left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on October 22,
2020. Petition, ECF No. 1, at 1. On October 17, 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. ECF No. 31. Later that day,
the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 32.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $37,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00342-UNJ Document 41 Filed 12/22/23 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 $503.75 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 following:1 a lump sum payment of $38,003.75, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Donna Pitts: $38,003.75
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-00342-UNJ Document 41 Filed 12/22/23 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/Sarah B. Rifkin
SARAH B. RIFKIN
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) 305-5997
Sarah.Rifkin@usdoj.gov
Dated: November 20, 2023
3