VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00238
Package ID: USCOURTS-cofc-1_22-vv-00238
Petitioner: Danae Denton
Filed: 2022-03-02
Decided: 2023-10-23
Vaccine: influenza
Vaccination date: 2020-09-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 79345

AI-assisted case summary:
Danae Denton 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 and/or Tdap vaccination on September 23, 2020. She claimed her SIRVA symptoms persisted for more than six months. The respondent conceded that her injury was consistent with SIRVA, noting she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that her symptoms persisted for more than six months. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, a decision awarding damages was issued. The parties stipulated to an award of $77,483.05 for pain and suffering and past lost wages, plus $1,862.05 to satisfy an Illinois Medicaid lien, for a total award of $79,345.05. The case proceeded as a Table claim, and the petitioner, an adult, received the compensation through lump sum payments.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00238-0
Date issued/filed: 2023-08-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/31/2023) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00238-UNJ Document 24 Filed 08/31/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0238V
DANAE DENTON, Chief Special Master Corcoran
Petitioner, Filed: July 31, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 2, 2022, Danae Denton 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 and/or Tdap vaccination she received
on September 23, 2020. Petition at ¶1. Petitioner further alleges that her “SIRVA
symptoms persisted for more than six months.” Petition at ¶11. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On July 18, 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 that “Petitioner’s alleged injury is consisted with SIRVA as
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 1:22-vv-00238-UNJ Document 24 Filed 08/31/23 Page 2 of 2
defined by the Vaccine Injury Table. Specifically, Petitioner had no history of pain,
inflammation, or dysfunction of her left shoulder prior to her vaccinations; pain occurred
within 48 hours after receipt of the intramuscular vaccinations; pain was limited to the
shoulder in which the vaccines were administered; and no other condition or abnormality
has been identified to explain Petitioner’s shoulder pain.” Id. at 4. Respondent further
agrees that “Petitioner suffered the residual effects of her condition for more than six
months.” 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_22-vv-00238-1
Date issued/filed: 2023-10-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/22/2023) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00238-UNJ Document 31 Filed 10/23/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0238V
DANAE DENTON, Chief Special Master Corcoran
Petitioner, Filed: September 22, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 2, 2022, Danae Denton 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 and/or Tdap vaccination she received
on September 23, 2020. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On July 31, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. On September 21, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $77,483.05,
comprised of $72,500.00 in pain and suffering and $4,983.05 in past lost wages, and
$1,862.05 to satisfy an Illinois Medicaid lien. Proffer at 1-3. 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 1:22-vv-00238-UNJ Document 31 Filed 10/23/23 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award the following:
• A lump sum payment of $77,483.05, comprised of $72,500.00 in pain and
suffering and $4,983.05 in past lost wages, in the form of a check payable to
Petitioner.
• A lump sum payment of $1,862.05 in the form of a check jointly payable to
Petitioner and Optum, P.O. Box 182643, Columbus, OH 43218, Event Number
75704522.
These amounts together represent 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 1:22-vv-00238-UNJ Document 31 Filed 10/23/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DANAE DENTON,
Petitioner,
No. 22-238V
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 2, 2022, Danae Denton (“petitioner”) filed a petition for compensation
(“Petition”) 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 Table shoulder injury related to vaccine
administration (“SIRVA”), as the result of an influenza (“flu”) vaccination and/or tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccination, both received on September 23, 2020.
Petition at 1. On July 18, 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 SIRVA, and on July 31, 2023, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 20; ECF No. 22.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $72,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00238-UNJ Document 31 Filed 10/23/23 Page 4 of 5
B. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $4,983.05. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
C. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the Illinois
Medicaid lien in the amount of $1,862.05, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of Illinois may have against any
individual as a result of any Medicaid payments the State of Illinois has made to or on behalf of
petitioner from the date of her eligibility for benefits through the date of judgment in this case as
a result of her alleged vaccine-related injury suffered on or about September 23, 2020, under
Title XIX of the Social Security Act.
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
lump sum payments as described below and requests that the Chief Special Master’s decision
and the Court’s judgment award the following1:
A. A lump sum payment of $77,483.05 in the form of a check payable to petitioner; and
B. A lump sum payment of $1,862.05, representing compensation for satisfaction of the
State of Illinois Medicaid lien, in the form of a check payable jointly to petitioner
and:
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:22-vv-00238-UNJ Document 31 Filed 10/23/23 Page 5 of 5
Optum
PO Box 182643
Columbus, OH 43218
Event Number: 75704522
Petitioner agrees to endorse the check to Optum for satisfaction of the Medicaid lien.
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Parisa Tabassian
PARISA TABASSIAN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 305-4035
Parisa.Tabassian@usdoj.gov
Date: September 21, 2023
3