VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00683
Package ID: USCOURTS-cofc-1_21-vv-00683
Petitioner: Dorothy Harper
Filed: 2021-01-12
Decided: 2023-05-16
Vaccine: influenza
Vaccination date: 2020-01-03
Condition: septic arthritis of the right shoulder
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Dorothy Harper filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021. Ms. Harper alleged that she suffered right shoulder/arm pain, including septic arthritis, after receiving an influenza vaccine on January 3, 2020. The petition stated that the vaccination was administered in the United States, her symptoms persisted for more than six months, and no other actions or compensation had been sought for her injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 3, 2022, conceding that Ms. Harper was entitled to compensation for septic arthritis of the right shoulder. The respondent concluded that it was more likely than not that Ms. Harper's septic arthritis was caused by the flu vaccine and that no other causes were identified. The respondent also agreed that the injury persisted for at least six months and that the scope of damages should be limited to the septic arthritis and its related sequelae. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 17, 2022, finding Ms. Harper entitled to compensation. Subsequently, on April 13, 2023, the respondent filed a proffer recommending an award of $125,000.00 for actual and projected pain and suffering. The proffer indicated that Ms. Harper agreed with this award. On May 16, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Ms. Harper a lump sum payment of $125,000.00 for pain and suffering, payable by check to Ms. Harper. The decision noted that this amount represented compensation for all damages available under Section 15(a) of the Vaccine Act and that the projected pain and suffering component had been reduced to net present value. The attorneys involved were Renee J. Gentry for the Petitioner and Emily H. Manoso for the Respondent.

Theory of causation field:
Petitioner Dorothy Harper received an influenza vaccine on January 3, 2020, and subsequently developed septic arthritis of the right shoulder. The respondent conceded that the septic arthritis was more likely than not caused by the influenza vaccine, and no other causes were identified. The injury was found to have persisted for at least six months. The theory of causation was off-Table. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 17, 2022, finding Petitioner entitled to compensation. On April 13, 2023, Respondent filed a proffer recommending an award of $125,000.00 for actual and projected pain and suffering, which Petitioner agreed to. On May 16, 2023, Chief Special Master Corcoran awarded Petitioner a lump sum of $125,000.00 for pain and suffering. Petitioner was represented by Renee J. Gentry, and Respondent was represented by Emily H. Manoso.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00683-0
Date issued/filed: 2022-12-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/17/2022) regarding 37 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00683-UNJ Document 39 Filed 12/27/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-683V
UNPUBLISHED
DOROTHY HARPER, Chief Special Master Corcoran
Petitioner, Filed: November 17, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Causation-In-Fact; Influenza (Flu)
Vaccine; Septic Arthritis
Respondent.
Renee J. Gentry, The Law Office of Renee J. Gentry, Washington, DC, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 12, 2021, Dorothy Harper 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 right shoulder/arm pain, including
septic arthritis. Amended Petition at 1, 6. Petitioner further alleges that the vaccination
was administered within the United States, her symptoms persisted for more than six
months, and that neither she, nor any other party, has ever filed any action, or received
compensation in the form of an award or settlement for her vaccine-related injury.
Amended Petition at 1, 6. 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-00683-UNJ Document 39 Filed 12/27/22 Page 2 of 2
On November 3, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case for septic arthritis of the right
shoulder. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent concluded that
Petitioner developed septic arthritis in her right shoulder, which was more likely than not
caused by administration of a flu vaccine at the same location and no other causes for
her septic arthritis have been identified. Id. at 6-7. Respondent further agrees that
Petitioner’s injury lasted for at least six months, and that the scope of damages to be
awarded is limited to Petitioner’s septic arthritis and its related sequelae only. 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-00683-1
Date issued/filed: 2023-05-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/14/2023) regarding 45 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00683-UNJ Document 49 Filed 05/16/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-683V
UNPUBLISHED
DOROTHY HARPER, Chief Special Master Corcoran
Petitioner, Filed: April 14, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Septic
Arthritis
Respondent.
Renee J. Gentry, The Law Office of Renee J. Gentry, Washington, DC, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 12, 2021, Dorothy Harper filed a petition2 for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that she suffered right shoulder/arm pain, including
septic arthritis. Amended Petition at 1, 6. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 17, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for septic arthritis. On April 13, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$125,000.00 in actual and projected pain and suffering. Proffer at 2. In the Proffer,
1 Because this unpublished Decision 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 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 Petitioner filed an Amended Petition on November 16, 2022. ECF No. 36
3 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-00683-UNJ Document 49 Filed 05/16/23 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 $125,000.00 in actual and projected pain and suffering 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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-00683-UNJ Document 49 Filed 05/16/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DOROTHY HARPER,
Petitioner, No. 21-683V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 12, 2021, Dorothy Harper (“petitioner”) timely filed a Petition for
Compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, as
amended (“the Vaccine Act” or “the Act”). 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that
she received an influenza (“flu”) vaccination on January 3, 2020, and thereafter suffered a
shoulder injury related to vaccine administration (“SIRVA”) which “manifested as bursitis as
well a[s] a right rotator cuff tear, and other significant damage to her shoulder prior to her
infection.” Petition at 5. On November 3, 2022, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report denying that compensation was appropriate for SIRVA,
but indicating that petitioner had suffered from septic arthritis that was appropriate for
compensation under the terms of the Act. ECF No. 33. An Amended Petition was filed on
November 16, 2022, alleging that petitioner “experienced septic arthritis and related sequela
from her January 3, 2020 influenza vaccination.” Amended Petition at 5. On November 17,
2022, the Chief Special Master subsequently issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 37.

Case 1:21-vv-00683-UNJ Document 49 Filed 05/16/23 Page 4 of 5
I. Items of Compensation
Respondent proffers that petitioner should be awarded $125,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and suffering
has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). 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 $125,000.00, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Dorothy Harper.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Dorothy Harper: $125,000.00
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
ALEXIS B. BABCOCK
Assistant 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-00683-UNJ Document 49 Filed 05/16/23 Page 5 of 5
/s/ Emily H. Manoso
EMILY H. MANOSO
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Email: Emily.H.Manoso@usdoj.gov
Tel: (202) 305-3912
Dated: April 13, 2023
3