VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00952
Package ID: USCOURTS-cofc-1_21-vv-00952
Petitioner: Debra White
Filed: 2021-02-19
Decided: 2023-05-30
Vaccine: influenza
Vaccination date: 2019-11-27
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 45941

AI-assisted case summary:
Debra White 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 27, 2019. The petition was filed on February 19, 2021. The respondent conceded that Ms. White's claim met the Table criteria for SIRVA and that she satisfied the statutory requirements, including the severity requirement of suffering residual effects for more than six months. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement, finding Ms. White entitled to compensation. Subsequently, on April 27, 2023, the respondent filed a proffer on award of compensation, which Ms. White agreed to. The court awarded Ms. White a total of $45,941.78, consisting of $45,000.00 for pain and suffering and $941.78 for unreimbursed out-of-pocket expenses. This award represents compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00952-0
Date issued/filed: 2023-01-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/27/2022) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00952-UNJ Document 27 Filed 01/30/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0952V
UNPUBLISHED
DEBRA WHITE, Chief Special Master Corcoran
Petitioner, Filed: December 27, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 19, 2021, Debra White 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”) as a result of an influenza vaccination she received on
November 27, 2019. Petition at ¶26. Petitioner further alleges that she suffered the
residual effects of her vaccine injury for more than six months. Petition at ¶27. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On December 27, 2022, 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 states that “medical personnel at the Department
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-00952-UNJ Document 27 Filed 01/30/23 Page 2 of 2
of Health and Human Services, Division of Injury Compensation Programs (“DICP”), have
reviewed the facts of this case and concluded that Petitioner’s claim meets the Table
criteria for SIRVA.” Id. at 4. Respondent further agrees that “the records show that the
case was timely filed, that the vaccine was received in the United States, and that
Petitioner satisfied the statutory severity requirement by suffering the residual effects or
complications of her injury for more than six months after vaccine administration.” 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-00952-1
Date issued/filed: 2023-05-30
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/28/2023) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00952-UNJ Document 36 Filed 05/30/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0952V
UNPUBLISHED
DEBRA WHITE, Chief Special Master Corcoran
Petitioner, Filed: April 28, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 19, 2021, Debra White 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 relating to vaccine
administration (“SIRVA”) as a result of an influenza vaccination she received on
November 27, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 27, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On April 27, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $45,941.78,
representing $45,000.00 in pain and suffering and $941.78 in unreimbursed out-of-pocket
expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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 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-00952-UNJ Document 36 Filed 05/30/23 Page 2 of 5
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 $45,941.78, representing $45,000.00 in pain and suffering and
$941.78 in unreimbursed 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-00952-UNJ Document 36 Filed 05/30/23 Page 3 of 5
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DEBRA WHITE,
Petitioner,
v. No. 21-952V
SECRETARY OF HEALTH AND Chief Special Master Brian H. Corcoran
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 19, 2021, Debra White (“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 Shoulder Injury Related to Vaccine Administration
(“SIRVA”), following administration of an influenza vaccine she received on November 27,
2019. Petition at 1. On December 27, 2022, 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 SIRVA, and on the same day, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 24; ECF No. 25.
Items of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $45,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00952-UNJ Document 36 Filed 05/30/23 Page 4 of 5
Past Out-of-Pocket Expenses
Respondent proffers that petitioner should be awarded past out-of-pocket expenses in the
amount of $ 941.78. 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.
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 $45,941.78, in the form of a
check payable to petitioner.
Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Debra White: $45,941.78
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
DARRYL R. WISHARD
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.

Case 1:21-vv-00952-UNJ Document 36 Filed 05/30/23 Page 5 of 5
s/ Steven C. Santayana _____
STEVEN C. SANTAYANA
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) 451-7675
steven.c.santayana@usdoj.gov
Dated: April 27, 2023