VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00525
Package ID: USCOURTS-cofc-1_22-vv-00525
Petitioner: Donna Tincher
Filed: 2022-05-11
Decided: 2024-06-17
Vaccine: influenza
Vaccination date: 2020-10-12
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Donna Tincher filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury as a result of an influenza vaccination she received on October 12, 2020. The injury was alleged to have lasted longer than six months. The respondent conceded that the petitioner's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table. The respondent confirmed that Petitioner had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection shoulder, and no other condition explained the pain. The respondent also agreed that the injury's residual effects lasted more than six months. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties agreed to a settlement. The court awarded Donna Tincher a lump sum payment of $95,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00525-0
Date issued/filed: 2023-11-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/10/2023) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00525-UNJ Document 30 Filed 11/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0525V
DONNA TINCHER, Chief Special Master Corcoran
Petitioner, Filed: October 10, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 11, 2022, Donna Tincher 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 12, 2020. Petition at ¶1-2. Petitioner
further alleges that her injury lasted longer than six months. Petition at ¶9. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 5, 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 “Petitioner’s alleged injury is consistent with
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-00525-UNJ Document 30 Filed 11/17/23 Page 2 of 2
SIRVA as defined by the Vaccine Injury Table. Specifically, Petitioner 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 adequately explain Petitioner’s shoulder pain.” Id. at 11-12.
Respondent further agrees that “Petitioner suffered the residual effects of her condition
for more than six months.” Id. at 12.
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-00525-1
Date issued/filed: 2024-06-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/10/2024) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00525-UNJ Document 41 Filed 06/17/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0525V
DONNA TINCHER, Chief Special Master Corcoran
Petitioner, Filed: May 10, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 11, 2022, Donna Tincher 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 following an
influenza vaccination she received on October 12, 2020. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 10, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On May 9, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $95,000.00 in 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.
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-00525-UNJ Document 41 Filed 06/17/24 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $95,000.00 in 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.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-00525-UNJ Document 41 Filed 06/17/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DONNA TINCHER, )
)
Petitioner, )
) No. 22-525V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 11, 2022, Donna Tincher (“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 “various injuries,” including 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 12, 2020. Petition at Preamble,
¶ 2, ¶ 8. On October 5, 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 October 10, 2023, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 24; ECF No. 26.
I. Item of Compensation
Pain and Suffering
Respondent proffers that petitioner should be awarded $95,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:22-vv-00525-UNJ Document 41 Filed 06/17/24 Page 4 of 5
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 $95,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Donna Tincher: $95,000.00.
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
JULIA M. COLLISON
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.
2

Case 1:22-vv-00525-UNJ Document 41 Filed 06/17/24 Page 5 of 5
/s/ Lauren Kells
LAUREN KELLS
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) 616-4187
Email: Lauren.Kells@usdoj.gov
DATED: May 9, 2024
3