VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01240
Package ID: USCOURTS-cofc-1_21-vv-01240
Petitioner: Jessica Willey Delles
Filed: 2021-04-19
Decided: 2023-07-05
Vaccine: influenza
Vaccination date: 2020-10-11
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 57990

AI-assisted case summary:
Jessica Willey Delles filed a petition for compensation under the National Vaccine Injury Compensation Program on April 19, 2021, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 11, 2020. The petition stated that the residual effects of her injury lasted for longer than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's claim met the Table criteria for SIRVA. The respondent also agreed that the case was timely filed, the vaccination occurred in the United States, and the petitioner satisfied the statutory severity requirement by experiencing residual effects for more than six months post-vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 28, 2023, finding the petitioner entitled to compensation. Subsequently, on July 3, 2023, the respondent filed a proffer on the award of compensation. The proffer recommended an award of $57,990.21, comprising $57,500.00 for pain and suffering and $490.21 for past unreimbursable expenses. The petitioner agreed with this proffered award. On July 5, 2023, Chief Special Master Corcoran issued a decision awarding the petitioner the sum of $57,990.21 as a lump sum payment, in the form of a check payable to the petitioner. This amount represented compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner's counsel was Matthew F. Belanger of Faraci Lange, LLP, and respondent's counsel was Jamica Marie Littles of the U.S. Department of Justice.

Theory of causation field:
Jessica Willey Delles filed a petition on April 19, 2021, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 11, 2020. The respondent conceded that the claim met the Table criteria for SIRVA and that the petitioner satisfied the statutory severity requirement of suffering residual effects for more than six months. The public text does not describe specific medical experts, clinical details of the injury onset or symptoms, diagnostic tests, or treatments. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 28, 2023, finding the petitioner entitled to compensation. On July 5, 2023, Chief Special Master Corcoran issued a Decision awarding $57,990.21, consisting of $57,500.00 for pain and suffering and $490.21 for past unreimbursable expenses, as a lump sum payment to the petitioner. Petitioner's counsel was Matthew F. Belanger, and respondent's counsel was Jamica Marie Littles.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-01240-0
Date issued/filed: 2023-04-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/28/2023) regarding 38 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-01240-UNJ Document 40 Filed 04/28/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1240V
UNPUBLISHED
JESSICA WILLEY DELLES, Chief Special Master Corcoran
Petitioner, Filed: March 28, 2023
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)
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 19, 2021, Jessica Willey Delles 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 October
11, 2020. Petition at ¶2. Petitioner further alleges that the residual effects of her injury
have lasted for longer than six months. Petition at ¶15. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On March 24, 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 states that “medical personnel at DICP reviewed the facts of
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-01240-UNJ Document 40 Filed 04/28/23 Page 2 of 2
this case and concluded that Petitioner’s claim meets the Table criteria for SIRVA.” Id. at
5. Respondent further agrees that “the existing records show that this case was timely
filed, Petitioner received her October 2020 flu vaccination in the United States, and
Petitioner satisfies the statutory severity requirement by suffering the residual effects or
complications of her left shoulder injury for more than six months after vaccine
administration.” 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_21-vv-01240-1
Date issued/filed: 2023-08-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/05/2023) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-01240-UNJ Document 48 Filed 08/08/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1240V
JESSICA WILLEY DELLES, Chief Special Master Corcoran
Petitioner, Filed: July 5, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 19, 2021, Jessica Willey Delles 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 left shoulder injury as a result of an
influenza vaccination she received on October 11, 2020. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 28, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for Petitioner’s SIRVA injury. On July 3, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $57,990.21,
representing $57,500.00 in pain and suffering and $490.21 in past unreimbursible
expenses. Proffer at 1-2. 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.
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-01240-UNJ Document 48 Filed 08/08/23 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $57,990.21, representing $57,500.00 in pain and suffering and
$490.21 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-01240-UNJ Document 48 Filed 08/08/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JESSICA WILLEY DELLES, )
)
Petitioner, )
) No. 21-1240V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 19, 2021, Jessica Willey Delles (“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 October 11, 2020. Petition at 1-4. On March 24, 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,
and on March 28, 2023, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 37; ECF Nos. 38.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $57,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-01240-UNJ Document 48 Filed 08/08/23 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 $490.21. 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 $57,990.21, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Jessica Willey Delles: $57,990.21
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-01240-UNJ Document 48 Filed 08/08/23 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Jamica M. Littles
JAMICA M. LITTLES
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) 305-4014
Email: jamica.m.littles@usdoj.gov
DATED: July 3, 2023
3