VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00393
Package ID: USCOURTS-cofc-1_22-vv-00393
Petitioner: Darla Wilson
Filed: 2022-04-06
Decided: 2023-11-27
Vaccine: influenza
Vaccination date: 2020-10-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 82500

AI-assisted case summary:
Darla Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 9, 2020. She claimed the injury lasted longer than six months and that neither she nor any other party had ever received compensation for this vaccine-related injury. The respondent conceded that Ms. Wilson was entitled to compensation, finding her injury consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that Ms. Wilson had no prior history of shoulder issues, her pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that her condition's residual effects lasted more than six months. Based on the respondent's concession and the evidence, the Chief Special Master ruled that Ms. Wilson was entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $82,500.00 for pain and suffering, which Ms. Wilson agreed to. The court awarded Ms. Wilson a lump sum payment of $82,500.00 for pain and suffering, representing compensation for all damages available under Section 15(a).

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00393-0
Date issued/filed: 2023-11-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/16/2023) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00393-UNJ Document 33 Filed 11/16/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-393V
DARLA WILSON, Chief Special Master Corcoran
Petitioner, Filed: October 16, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 6, 2022, Darla Wilson 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 a shoulder injury related to vaccine
administration (SIRVA) resulting from the adverse effects of an influenza (flu) vaccination
she received on October 9, 2020. Amended Petition at 1. Petitioner further alleges that
the vaccination was administered within the United States, her injury lasted longer than
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 Petitioner filed an amended petition on October 6, 2023, removing the allegation of chronic regional pain
syndrome (CRPS) as a causal injury, thus only proceeding with a SIRVA Table claim. ECF No. 25.
3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:22-vv-00393-UNJ Document 33 Filed 11/16/23 Page 2 of 2
six months, and neither she, nor any other party, as ever received compensation for her
vaccine-related injury. Amended Petition at 1, 3. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 13, 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. Respondent found that Petitioner’s alleged injury was consistent with SIRVA
as defined by the Vaccine Injury Table. Id. at 7. Specifically, Respondent determined that
“[P]etitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior
to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination;
pain was limited to the shoulder in which the vaccine was administered; and no other
condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at
7. Respondent further agrees that Petitioner suffered the residual effects of her condition
for more than six months, and the scope of damages to be awarded is limited to
Petitioner’s left-sided SIRVA and its related sequelae. 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-00393-1
Date issued/filed: 2023-11-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/23/2023) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00393-UNJ Document 34 Filed 11/27/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-393V
DARLA WILSON, Chief Special Master Corcoran
Petitioner, Filed: October 23, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 6, 2022, Darla Wilson 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 a shoulder injury related to vaccine
administration (SIRVA) resulting from the adverse effects of an influenza (flu)
vaccination she received on October 9, 2020. Amended Petition at 1.
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 Petitioner filed an amended petition on October 6, 2023, removing the allegation of chronic regional pain
syndrome (CRPS) as a causal injury, thus only proceeding with a SIRVA Table claim. ECF No. 25.
3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:22-vv-00393-UNJ Document 34 Filed 11/27/23 Page 2 of 4
On October 16, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. Also on October 16, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $82.500.00 for
pain and suffering. Proffer at 1. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $82,500.00 for 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 1:22-vv-00393-UNJ Document 34 Filed 11/27/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DARLA WILSON,
Petitioner,
No. 22-393V (ECF)
v.
Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 6, 2022, Darla Wilson (“petitioner”) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2018) (the
“Vaccine Act”). On October 6, 2023, petitioner filed an amended petition. Petitioner alleged
that she suffered a left-sided shoulder injury related to vaccine administration as a result of an
influenza vaccine. ECF No. 25 at 1, 3.
On October 16, 2023, the Chief Special Master issued a Ruling on Entitlement, finding
that petitioner is entitled to compensation. ECF No. 26. On the same date, the Chief Special
Master issued a damages order. ECF No. 27.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$82,500.00, consisting of pain and suffering damages, which represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.

Case 1:22-vv-00393-UNJ Document 34 Filed 11/27/23 Page 4 of 4
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 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 following: a lump sum payment of $82,500.00, in the form of a
check payable to petitioner.1
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
/s/ Naseem Kourosh
NASEEM KOUROSH
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 305-1159
E-mail: Naseem.Kourosh@usdoj.gov
DATED: October 16, 2023
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 medical
expenses, future pain and suffering, and future lost wages.