VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00559
Package ID: USCOURTS-cofc-1_14-vv-00559
Petitioner: Annette Terry
Filed: 2014-08-22
Decided: 2014-10-02
Vaccine: influenza (flu)
Vaccination date: 2013-10-10
Condition: shoulder injury related to vaccine administration (“SIRVA”)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Annette Terry filed a petition on June 30, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) in her left shoulder and arm, caused by an influenza vaccine she received on October 10, 2013. The respondent filed a report on August 21, 2014, conceding that the petitioner's alleged injury was consistent with SIRVA and that she met the legal prerequisites for compensation under the National Vaccine Injury Compensation Program. Based on this concession, Special Master Nora Beth Dorsey issued a Ruling on Entitlement on August 22, 2014, finding that petitioner was entitled to compensation for an injury caused-in-fact by a covered vaccine. Subsequently, on August 27, 2014, the respondent filed a Proffer on Award of Compensation, recommending an award of $80,000.00. The petitioner agreed with this amount, and Special Master Dorsey issued a Decision Awarding Damages on September 18, 2014, awarding a lump sum payment of $80,000.00, payable to the petitioner. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Claudia Gangi of the United States Department of Justice. Separately, on October 2, 2014, Special Master Dorsey issued a decision regarding attorneys' fees and costs. The parties had filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs on September 10, 2014, wherein the respondent did not object to a total award of $14,000.00 for attorneys' fees and costs. Petitioner stated she incurred no out-of-pocket expenses. Special Master Dorsey granted the motion for approval and payment of attorneys' fees and costs, ordering a check jointly payable to Annette Terry and her counsel, Maximillian J. Muller, in the amount of $14,000.00.

Theory of causation field:
Petitioner Annette Terry alleged that an influenza vaccine administered on October 10, 2013, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded causation-in-fact for the SIRVA. The public decision does not describe the specific mechanism of injury, onset, symptoms, medical tests, or treatments. The case proceeded on an "Off-Table" theory. Special Master Nora Beth Dorsey ruled on entitlement based on the respondent's concession on August 22, 2014. A damages award of $80,000.00, as a lump sum, was awarded on September 18, 2014, based on a proffer agreed to by both parties. Attorneys' fees and costs of $14,000.00 were awarded on October 2, 2014, based on a stipulation. Petitioner was represented by Maximillian J. Muller (Muller Brazil, LLP), and respondent was represented by Claudia Gangi (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00559-0
Date issued/filed: 2014-09-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/22/2014) regarding 9 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00559-UNJ Document 19 Filed 09/12/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 14-559V
Filed: August 22, 2014
* * * * * * * * * * * * * * **
ANNETTE TERRY, * UNPUBLISHED
*
Petitioner, *
* Special Master Dorsey
v. *
*
SECRETARY OF HEALTH * Ruling on Entitlement; Influenza (Flu)
AND HUMAN SERVICES, * Vaccine; Shoulder Injury Related to Vaccine
* Administration (“SIRVA”); Conceded.
Respondent. *
* * * * * * * * * * * * * * **
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Claudia Gangi, United States Department of Justice, Washington, DC, for respondent.
UNPUBLISHED RULING ON ENTITLEMENT1
On June 30, 2014, Annette Terry (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“the Program”)2 alleging that she suffered
from a shoulder injury that had been caused-in-fact by an influenza (“flu”) vaccine administered
to her on October 10, 2013. See Petition at 1.
On August 21, 2014, respondent filed a report pursuant to Vaccine Rule 4(c) in which she
states that she believes petitioner’s alleged injury is consistent with a shoulder injury related to
vaccine administration (“SIRVA”). Respondent’s Report at 4. Based on the medical records
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In
accordance with the Vaccine Rules, each party has 14 days within which to request redaction “of
any information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b). Further, consistent with the rule requirement, a motion for redaction must include a
proposed redacted decision. If, upon review, the undersigned agrees that the identified material
fits within the requirements of that provision, such material will be deleted from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.
1

Case 1:14-vv-00559-UNJ Document 19 Filed 09/12/14 Page 2 of 2
that have been filed, respondent believes that petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. Id. Respondent clarifies that her concession regarding
damages is limited to petitioner’s SIRVA and its sequelae. Id.
In view of respondent’s position and of the undersigned’s review of the entire record, see
§ 300aa-13(a)(1), the undersigned finds that petitioner is entitled to compensation for an injury
that was caused-in-fact by a covered vaccine. 42 C.F.R. § 100.3(a)(XIV); Althen v. Sec’y of
Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005). A separate damages order will issue.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00559-1
Date issued/filed: 2014-09-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/27/2014) regarding 12 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00559-UNJ Document 20 Filed 09/18/14 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 14-559V
Filed: August 27, 2014
* * * * * * * * * * * * * * **
ANNETTE TERRY, * UNPUBLISHED
*
Petitioner, *
* Special Master Dorsey
v. *
*
SECRETARY OF HEALTH * Decision on Proffer; Damages; Influenza
AND HUMAN SERVICES, * (Flu) Vaccine; Shoulder Injury Related to
* Vaccine Administration (“SIRVA”).
Respondent. *
* * * * * * * * * * * * * * **
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Claudia Gangi, United States Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On June 30, 2014, Annette Terry (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“the Program”)2 alleging that she suffered
from a shoulder injury that had been caused-in-fact by an influenza (“flu”) vaccine administered
to her on October 10, 2013. See Petition at 1. On August 22, 2014, a Ruling on Entitlement was
issued based on respondent’s concession.
On August 27, 2014, respondent filed a Proffer on Award of Compensation. Respondent
proffers that, based upon her review of the evidence of record, petitioner should be awarded
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In
accordance with the Vaccine Rules, each party has 14 days within which to request redaction “of
any information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b). Further, consistent with the rule requirement, a motion for redaction must include a
proposed redacted decision. If, upon review, the undersigned agrees that the identified material
fits within the requirements of that provision, such material will be deleted from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.
1

Case 1:14-vv-00559-UNJ Document 20 Filed 09/18/14 Page 2 of 5
$80,000.00. Respondent states that petitioner agrees with the amounts set forth in the Proffer.
See Proffer at 1.
Based on the record as a whole, the undersigned finds that petitioner is entitled to an
award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the
undersigned awards the following:
A lump sum payment of $80,000.00, in the form of a check payable to
petitioner.
Proffer ¶ II.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.

CCaassee 11::1144--vvvv--0000555599--UUNNJJ DDooccuummeenntt 1210 FFiilleedd 0089//2178//1144 PPaaggee 13 ooff 35
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_______________________________________
)
ANNETTE TERRY, )
)
Petitioner, )
)
v. ) No. 14-559V
) Special Master Dorsey
SECRETARY OF HEALTH AND HUMAN ) ECF
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On June 30, 2014, Annette Terry (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986 (the “Vaccine Act”), as amended. 42 U.S.C.
§§ 300aa-1 et seq. Petitioner alleges that, as a result of receiving the influenza (“flu”) vaccine on
October 10, 2013, she suffered from a shoulder injury related to vaccine administration
(“SIRVA”) in her left shoulder and arm. Petitioner alleges a theory based on causation-in-fact.
On August 21, 2014, respondent filed her Vaccine Rule 4(c) report, conceding causation-
in-fact for petitioner’s SIRVA. On August 22, 2014, the Special Master issued a ruling on
entitlement, finding that petitioner was entitled to compensation for a SIRVA caused by the flu
vaccine.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$80,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

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III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $80,000.00, in the form of a check payable to petitioner.1
Petitioner agrees.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
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) 616-4138
Dated: August 27, 2014
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses,
future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate
relief.
2

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3

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00559-2
Date issued/filed: 2014-10-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/10/2014) regarding 18 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00559-UNJ Document 23 Filed 10/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 10, 2014
* * * * * * * * * * * * * *
ANNETTE TERRY, * UNPUBLISHED
*
* No. 14-559V
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does Not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Claudia B. Gangi, U.S. Department of Justice, Washington, D.C., for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On June 30, 2014, Annette Terry (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“Vaccine Program”)2 alleging that she
suffered from a shoulder injury that had been caused-in-fact by an influenza (“flu”) vaccine
administered to her on October 10, 2013. See Petition at 1. On August 22, 2014, a Ruling on
Entitlement was issued based on respondent’s concession and on August 27, 2014, a Damages
Decision was issued on Proffer.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which
to request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted
invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (“Vaccine Act” or “Act”). All citations in this decision to
individual sections of the Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00559-UNJ Document 23 Filed 10/02/14 Page 2 of 2
On September 10, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, respondent does not object to a total award of
attorneys’ fees and costs in the amount of $14,000.00. In accordance with General Order #9,
petitioner filed a statement stating that she incurred no out-of-pocket expenses in pursuing her
petition.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and respondent’s counsel’s
lack of objection to petitioner’s counsel’s fee request, the undersigned GRANTS petitioner’s
motion for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and petitioner’s counsel,
Maximillian J. Muller in the amount of $14,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2