VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00730
Package ID: USCOURTS-cofc-1_14-vv-00730
Petitioner: Lynn Martin
Filed: 2014-08-13
Decided: 2015-03-03
Vaccine: influenza
Vaccination date: 2012-09-25
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Lynn Martin filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that an influenza vaccination on September 25, 2012, 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 Ms. Martin suffered a non-Table injury of SIRVA and that the medical evidence indicated the injury was casually related to the vaccination. Based on this concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Martin entitled to compensation. Subsequently, the respondent filed a proffer on damages, detailing compensation for all elements of damages available under the Vaccine Act. Ms. Martin agreed to the proposed award. The court awarded Ms. Martin a lump sum payment of $90,000.00, representing compensation for all damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00730-0
Date issued/filed: 2014-12-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/7/2014) regarding 14 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00730-UNJ Document 16 Filed 12/03/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-730V
Filed: November 7, 2014
* * * * * * * * * * * * * * * * * * * * * * * * *
LYNN MARTIN *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccination;
v. * Shoulder Injury Related to
* Vaccine Administration (“SIRVA”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On August 13, 2014, Lynn Martin 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 September 25, 2012, petitioner suffered from a Shoulder Injury Related
to Flu Administration (“SIRVA”). Petition at 1.
On November 6, 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 3. Specifically, respondent submits that based on a review of
the documentation filed in this claim “Ms. Martin suffered a non-Table injury of SIRVA
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-00730-UNJ Document 16 Filed 12/03/14 Page 2 of 2
and that the preponderance of the medical evidence indicates that the injury was
casually related to the vaccination.” 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-00730-1
Date issued/filed: 2015-03-03
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/09/2015) regarding 19 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00730-UNJ Document 23 Filed 03/03/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-730V
Filed: February 9, 2015
* * * * * * * * * * * * * * * * * * * * * * * * *
LYNN MARTIN *
*
*
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. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Esq., Conway, Homer & Chin-Caplan, P.C., Boston, MA, for
petitioner.
Alexis B. Babcock, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On August 13, 2014, Lynn Martin 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 September 25, 2012, petitioner suffered a Shoulder Injury Related to
Vaccine Administration (“SIRVA”). Petition at 1. The case was assigned to the Special
Processing Unit (“SPU”) of the Office of Special Masters.
On November 7, 2014, I issued a ruling on entitlement, finding petitioner entitled
to compensation. On February 9, 2015, respondent filed a proffer on award of
compensation (“Proffer”) detailing compensation for all elements of compensation to
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-00730-UNJ Document 23 Filed 03/03/15 Page 2 of 4
which petitioner would be entitled under §15(a). 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 $90,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available
under § 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-00730-UNJ Document 23 Filed 03/03/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
LYNN MARTIN, )
)
Petitioner, )
) No. 14-730
v. ) Chief Special Master Vowell
)
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
$90,000.00, 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 $90,000.00 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-00730-UNJ Document 23 Filed 03/03/15 Page 4 of 4
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
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: February 9, 2015
2