VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00344
Package ID: USCOURTS-cofc-1_24-vv-00344
Petitioner: Destinee Ober
Filed: 2025-04-09
Decided: 2025-05-28
Vaccine: influenza
Vaccination date: 2022-09-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 99844

AI-assisted case summary:
Destinee Ober filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 21, 2022. She further alleged that her injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, conceded that Petitioner is entitled to compensation. The respondent stated that Petitioner had no prior history of shoulder issues, experienced pain within forty-eight hours after the vaccination, the pain was limited to the injection site, and no other condition explained the pain beyond an independent SLAP tear. The respondent agreed that Petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $97,965.14 for pain and suffering and lost wages, and $1,879.04 to satisfy a Medicaid lien, totaling $99,844.18. Petitioner agreed with the proffered award. The court awarded Destinee Ober a lump sum of $97,965.14 for pain and suffering and lost wages, and a lump sum of $1,879.04 to satisfy the Connecticut Administrative Services Medicaid lien.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00344-0
Date issued/filed: 2025-05-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/09/2025) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00344-UNJ Document 31 Filed 05/22/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0344V
DESTINEE OBER,
Chief Special Master Corcoran
Petitioner,
v. Filed: April 9, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Christopher E. Hultquist, Law Office, Providence, RI, for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 4, 2024, Destinee Ober 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 Table shoulder injury related to
vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received
on September 21, 2022. Petition at 1. Petitioner further alleges that her injury lasted for
more than six months. Petition at 2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 2, 2025, Respondent filed a combined Rule 4(c) report and Proffer (“Rule
4/Proffer”) in which he concedes that Petitioner is entitled to compensation in this case.
Rule 4/Proffer at 1. Specifically, Respondent states that, “[w]hile petitioner’s SLAP tear is
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 1:24-vv-00344-UNJ Document 31 Filed 05/22/25 Page 2 of 2
an independent injury, petitioner otherwise satisfies the regulatory criteria for SIRVA on
the Vaccine Injury Table for her alleged injury. Specifically, petitioner had no history of
pain, inflammation, or dysfunction of her right shoulder prior to vaccination; pain occurred
within forty-eight 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 beyond an independent, co-
morbid SLAP tear.” Id. at 4. Respondent further agrees that Petitioner suffered the
residual effects of her condition for more than six months and has satisfied all legal
prerequisites for compensation under the Act. 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_24-vv-00344-1
Date issued/filed: 2025-05-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/09/2025) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00344-UNJ Document 32 Filed 05/28/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0344V
DESTINEE OBER, Chief Special Master Corcoran
Petitioner, Filed: April 9, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Christopher E. Hultquist, Law Office, Providence, RI, for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 4, 2024, Destinee Ober 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 Table shoulder injury related to
vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received
on September 21, 2022. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 9, 2025, a ruling on entitlement was issued, finding Petitioner entitled to
compensation. On April 2, 2025, Respondent filed a combined Rule 4(c) report and proffer
on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be awarded a
total of $97,965.14 (consisting of $80,000.00 in pain and suffering and $17,965.14 in lost
wages) and $1,879.04 in satisfaction of the Connecticut Administrative Services Medicaid
lien. Rule 4/Proffer at 5-6. In the Rule 4/Proffer, Respondent represented that Petitioner
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 1:24-vv-00344-UNJ Document 32 Filed 05/28/25 Page 2 of 2
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 Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner the
following:
A. A lump sum payment of $97,965.14, to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner;
and
B. A lump sum payment of $1,879.04, representing compensation for
satisfaction of the Connecticut Administrative Services Medicaid lien, in the
form of a check payable jointly to petitioner and:
State of CT DAS
PO Box 601
Manchester, CT 06045
Petitioner agrees to endorse the check to “State of CT DAS” for satisfaction
of the Medicaid lien.
These amounts 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