VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00701
Package ID: USCOURTS-cofc-1_14-vv-00701
Petitioner: Susan Sudman
Filed: 2014-11-20
Decided: 2015-02-24
Vaccine: influenza
Vaccination date: 2013-11-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 163111

AI-assisted case summary:
Susan Sudman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination on November 19, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Sudman's SIRVA was more likely than not caused by the vaccination and that no other causes were identified. Based on this concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Sudman entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $160,000.00 for pain and suffering and $3,111.17 for past unreimbursable expenses, which Sudman agreed to. The court awarded Sudman a total lump sum payment of $163,111.17, representing compensation for pain and suffering and past unreimbursable expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00701-0
Date issued/filed: 2014-12-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/20/2014) regarding 21 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00701-UNJ Document 23 Filed 12/11/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-701V
Filed: November 20, 2014
* * * * * * * * * * * * * * * * * * * * * * * * *
SUSAN SUDMAN *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccine; Shoulder Injury
v. * Related to Vaccine Administration
* (“SIRVA”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, DC for petitioner.
Lisa A. Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On August 4, 2014, Susan Sudman filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. The petition alleges that as a result of an influenza (“flu”)
vaccination on November 19, 2013, petitioner suffered a shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1-2.
On November 19, 2014, respondent filed her Rule 4(c) Report [“Respondent’s
Report”], in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Report at 5. Specifically, respondent submits that “petitioner’s SIRVA
was more likely than not caused by the November 19, 2013, flu vaccination.” Id. at 5.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post this ruling and order on the United States Court of Federal Claims' website, in accordance with the
E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete 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
delete 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00701-UNJ Document 23 Filed 12/11/14 Page 2 of 2
Respondent notes that “no other causes for petitioner’s SIRVA have been identified”
and that the injury persisted for more than six months. Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00701-1
Date issued/filed: 2015-02-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/26/2015) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00701-UNJ Document 30 Filed 02/24/15 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-701V
Filed: January 26, 2015
* * * * * * * * * * * * * * * * * * * * * * * * *
SUSAN SUDMAN *
*
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza Vaccine; Shoulder Injury
v. * Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
* (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, DC for petitioner.
Lisa A. Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On August 4, 2014, Susan Sudman filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 (the
“Vaccine Act” or “Program”). The petition alleges that as a result of an influenza (“flu”)
vaccination on November 19, 2013, petitioner suffered a shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1-2. The case was assigned to the Special
Processing Unit (“SPU”) of the Office of Special Masters.
On November 20, 2014, I issued a ruling on entitlement, finding petitioner entitled
to compensation. On January 23, 2015, respondent filed a proffer on award of
compensation (“Proffer”) detailing compensation for petitioner’s pain and suffering and
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with
Vaccine Rule 18(b), petitioners have 14 days to identify and move to delete 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 delete 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00701-UNJ Document 30 Filed 02/24/15 Page 2 of 5
past un-reimbursable expenses. According to respondent’s Proffer, petitioner agrees to
the proposed award of compensation.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $163, 111.17 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available
under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

Case 1:14-vv-00701-UNJ Document 30 Filed 02/24/15 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
________________________________________
SUSAN SUDMAN, )
) ECF
Petitioner, )
)
v. ) No. 14-701V
) Chief Special Master
SECRETARY OF HEALTH AND HUMAN ) Denise K. Vowell
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent proffers that, based on the evidence of record, petitioner is unlikely to incur
un-reimbursable future medical expenses as a result of her vaccine-related injury. See 42 U.S.C.
§ 300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Earnings
Respondent proffers that based upon the evidence of record, petitioner’s vaccine-related
injury has not impacted her earnings capacity. Thus, an award of lost earnings under 42 U.S.C.
§ 300aa-15(a)(3)(A) is not appropriate in this case. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $160,000.00 in actual and
projected pain and suffering. See 42 U.S.C. § 300aa-15(a)(4), (f)(4)(A). Petitioner agrees.
1

Case 1:14-vv-00701-UNJ Document 30 Filed 02/24/15 Page 4 of 5
D. Past Un-reimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past un-reimbursable
expenses related to her vaccine-related injury. 42 U.S.C. § 300aa-15(a)(1)(B). Respondent
proffers that petitioner should be awarded past un-reimbursable expenses in the amount of
$3,111.17. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no Medicaid liens outstanding against her as a result of
her vaccine-related injury.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the Special Master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $163,111.17, representing petitioner’s pain and
suffering ($160,000.00), and past un-reimbursable expenses ($3,111.17) in the
form of a check payable to petitioner.
1. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner for past lost earnings, pain
and suffering, and past un-reimbursable expenses: $163,111.17
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
pain and suffering.
2

Case 1:14-vv-00701-UNJ Document 30 Filed 02/24/15 Page 5 of 5
Respectfully submitted,
JOYCE R. BRANDA
Acting 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/Lisa A. Watts
LISA A. WATTS
Senior 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) 616-4099
Dated: January 23, 2015.
3