VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00279
Package ID: USCOURTS-cofc-1_14-vv-00279
Petitioner: Susie Avchen
Filed: 2014-07-17
Decided: 2014-08-12
Vaccine: influenza
Vaccination date: 2011-10-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Susie Avchen filed a petition on July 17, 2014, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 6, 2011. The respondent, the Secretary of Health and Human Services, reviewed the case and concluded that compensation was appropriate. Respondent stated that the Division of Vaccine Injury Compensation had reviewed the facts and concluded that Ms. Avchen suffered a non-Table injury of SIRVA, and that the preponderance of the medical evidence indicated the injury was causally related to the vaccination. Special Master Christian J. Moran reviewed the record and found that Ms. Avchen was entitled to compensation. A status conference was scheduled for July 21, 2014, to discuss the quantification of damages. Ronald Craig Homer represented the petitioner, and Alexis S. Babcock represented the respondent. The public decision does not describe the specific onset, symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Susie Avchen alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 6, 2011. The respondent, Secretary of Health and Human Services, stipulated that compensation was appropriate, concluding that Ms. Avchen suffered a non-Table injury of SIRVA causally related to the vaccination. Special Master Christian J. Moran found entitlement based on the record. The public decision does not specify the mechanism of injury, expert testimony, or provide a breakdown of the award amount, only that Ms. Avchen is entitled to compensation and a status conference was set to determine damages. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Alexis S. Babcock. The decision date was August 12, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00279-0
Date issued/filed: 2014-08-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/17/2014) regarding 15 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00279-UNJ Document 17 Filed 08/12/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SUSIE AVCHEN, * No. 14-279V
* Special Master Christian J. Moran
Petitioner, *
*
v. * Filed: July 17, 2014
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; Influenza vaccine;
* Shoulder injury related to vaccine
Respondent. * administration; SIRVA.
*
* * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway Homer & Chin-Caplan, P.C., Boston, MA, for
petitioner;
Alexis S. Babcock, United States Dep’t of Justice, Washington, DC, for
respondent.
UNPUBLISHED RULING FINDING ENTITLEMENT1
On April 10, 2014, Susie Avchen filed a petition under the National
Childhood Vaccine Injury Act, 42 U.S.C. §300a—10 et. seq., alleging that she
suffered a shoulder injury related to her receipt of an influenza vaccination
administered on October 6, 2011.
In her Rule 4(c) report, respondent states that “compensation is appropriate”
in this case. Resp’t’s Rep’t, filed July 15, 2014, at 3. Respondent adds that the
Division of Vaccine Injury Compensation, Department of Health and Human
Services, has reviewed the facts of this case and has concluded, “Ms. Avchen
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00279-UNJ Document 17 Filed 08/12/14 Page 2 of 2
suffered a non-Table injury of SIRVA and that the preponderance of the medical
evidence indicates that the injury was causally related to the vaccination.” Id.
Special masters may determine whether a petitioner is entitled to
compensation based upon the record. A hearing is not required. 42 U.S.C. §
300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the
undersigned finds that petitioner has established that she is entitled to
compensation for her injury.
Accordingly, Ms. Avchen is entitled to compensation. A status
conference remains set for Monday, July 21, 2014 at 10:00 A.M. Eastern Time,
to discuss the process for quantifying the amount of damages to which Ms. Avchen
is entitled.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00279-1
Date issued/filed: 2015-02-18
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/22/2015) regarding 33 DECISION Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. (Additional attachment(s) added on 2/19/2015: #1 Proffer) (tjk). Modified on 7/11/2019 to include the attachment(s) in the main document for posting to the courts website (da).
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Case 1:14-vv-00279-UNJ Document 37 Filed 02/18/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SUSIE AVCHEN, * No. 14-279V
* Special Master Christian J. Moran
Petitioner, *
*
v. * Filed: January 22, 2015
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Damages; decision based on proffer;
* influenza (“flu”) vaccine; shoulder
Respondent. * injury related to vaccine
* administration (“SIRVA”).
* * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway Homer et al., Boston, MA, for petitioner;
Alexis S. Babcock, U.S. Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On April 10, 2014, Susie Avchen filed a petition under the National
Childhood Vaccine Injury Act, 42 U.S.C. §300 a-10 through 34 (2006), alleging
that she suffered a shoulder injury related to her receipt of an influenza (“flu”)
vaccination administered on October 6, 2011. The undersigned ruled that Ms.
Avchen is entitled to compensation under the Vaccine Act. Ruling, issued on July
17, 2014.
On January 20, 2015, respondent filed a Proffer on Award of Compensation,
to which petitioner agrees. Based upon the record as a whole, the special master
finds the proffer reasonable and that petitioner is entitled to an award as stated in
the Proffer. Pursuant to the attached Proffer the court awards petitioner:
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00279-UNJ Document 37 Filed 02/18/15 Page 2 of 4
A lump sum payment of $85,000.00 which represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. §
300aa-15(a), in the form of a check payable to petitioner, Susie Avchen.
In the absence of a motion for review filed pursuant to RCFC Appendix B,
the clerk of the court is directed to enter judgment herewith.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

Case 1:14-vv-00279-UNJ Document 37 Filed 02/18/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
SUSIE AVCHEN, )
)
Petitioner, )
) No. 14-279
v. ) Special Master Moran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$85,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees with this amount.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $85,000.00 in the form of a check payable to petitioner.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
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 medical
expenses, future lost earnings, and future pain and suffering.
1

Case 1:14-vv-00279-UNJ Document 37 Filed 02/18/15 Page 4 of 4
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Senior 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) 616-7678
Dated: January 20, 2015
2