VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00782
Package ID: USCOURTS-cofc-1_21-vv-00782
Petitioner: Lynn Duclos
Filed: 2021-01-21
Decided: 2023-11-22
Vaccine: influenza
Vaccination date: 2020-11-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 86578

AI-assisted case summary:
Lynn Duclos filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 10, 2020. She further alleged that her injury resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal requirements for compensation. Following this concession, a ruling on entitlement was issued on August 23, 2023, finding Ms. Duclos entitled to compensation. Subsequently, on October 20, 2023, the respondent filed a proffer on the award of compensation, which Ms. Duclos agreed to. The court awarded a lump sum payment of $86,578.34, comprising $85,000.00 for pain and suffering and $1,578.34 for past unreimbursable expenses. This award represents compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00782-0
Date issued/filed: 2023-09-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/23/2023) regarding 33 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00782-UNJ Document 37 Filed 09/25/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-782V
LYNN DUCLOS, Chief Special Master Corcoran
Petitioner, Filed: August 23, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 21, 2021, Lynn Duclos 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 from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccination
on November 10, 2020. Am. Pet. at 1, ECF No. 20. Petitioner further alleges that she
suffered the residual effects of her injury for more than six months. Id. at 3. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On August 21, 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 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-00782-UNJ Document 37 Filed 09/25/23 Page 2 of 2
1, ECF No. 32. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent
further agrees that “[P]etitioner has satisfied all legal perquisites for compensation under
the Act.” Id. at 6.
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-00782-1
Date issued/filed: 2023-11-22
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/20/2023) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00782-UNJ Document 43 Filed 11/22/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0782V
LYNN DUCLOS, Chief Special Master Corcoran
Petitioner,
v. Filed: October 20, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On January 21, 2021, Lynn Duclos 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 from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccination
on November 10, 2020. Am. Pet. at 1, ECF No. 20. Petitioner further alleges that she
suffered the residual effects of her injury for more than six months. Id. at 3. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
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-00782-UNJ Document 43 Filed 11/22/23 Page 2 of 5
On August 23, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On October 20, 2023, Respondent filed a proffer on award
of compensation (“Proffer”). Respondent represented that Petitioner agrees with the
proffered award. Id. at 2. 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 a lump sum
payment of $86,578.34 (representing $85,000.00 for pain and suffering, and
$1,578.34 for 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.

Case 1:21-vv-00782-UNJ Document 43 Filed 11/22/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LYNN DUCLOS,
Petitioner, No. 21-782V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 21, 2021, Lynn Duclos (“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 an influenza
vaccine she received on November 10, 2020. Petition at 1; Amended Petition at 1. On August
21, 2023, the Secretary of Health and Human Services (“respondent”) filed a Vaccine 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 August 23, 2023, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 32; ECF No. 33.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $85,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00782-UNJ Document 43 Filed 11/22/23 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 $1,578.34. 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 $86,578.34, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Lynn Duclos: $86,578.34
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-00782-UNJ Document 43 Filed 11/22/23 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Nina Y. Ren
NINA Y. REN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 451-7499
Nina.Ren@usdoj.gov
DATED: October 20, 2023
3