VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00731
Package ID: USCOURTS-cofc-1_14-vv-00731
Petitioner: Pansy Downs
Filed: 2014-12-01
Decided: 2015-11-16
Vaccine: influenza
Vaccination date: 2011-10-10
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Pansy Downs filed a petition for compensation under the National Vaccine Injury Compensation Program on August 13, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on October 10, 2011. The respondent, the Secretary of Health and Human Services, initially indicated a desire to concede entitlement on November 7, 2014, and subsequently filed a status report on November 24, 2014, formally conceding entitlement to compensation for her SIRVA injury. Chief Special Master Denise Kathryn Vowell issued a Ruling on Entitlement on December 1, 2014, finding that petitioner was entitled to compensation based on the respondent's concession and the evidence presented. The case then proceeded to the damages phase. On October 5, 2015, the respondent filed a proffer recommending an award of $125,000.00, stating this amount represented all elements of compensation under the Vaccine Act. Petitioner agreed to this amount. On November 16, 2015, Chief Special Master Nora Beth Dorsey issued a decision awarding Pansy Downs a lump sum payment of $125,000.00, payable by check to petitioner. This award accounted for all elements of compensation under 42 U.S.C. § 300aa-15(a). Ronald Craig Homer of Conway, Homer & Chin-Caplan represented the petitioner, and Michael Patrick Milmoe of the U.S. Department of Justice represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The public text does not name any specific medical experts.

Theory of causation field:
Pansy Downs alleged a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on October 10, 2011. The respondent conceded entitlement to compensation for the SIRVA injury. The case proceeded to damages, and the respondent filed a proffer recommending an award of $125,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner agreed to this amount. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on December 1, 2014, based on the respondent's concession. Chief Special Master Nora Beth Dorsey issued the final decision awarding $125,000.00 as a lump sum payment on November 16, 2015. The public text does not specify the theory of causation beyond the general allegation of SIRVA, nor does it name any medical experts or detail the mechanism of injury. The award was based on a concession of entitlement and a subsequent proffer on damages.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00731-0
Date issued/filed: 2014-12-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/1/2014) regarding 14 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
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Case 1:14-vv-00731-UNJ Document 17 Filed 12/23/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-731V
Filed: December 1, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PANSY DOWNS, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccine or Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; SIRVA
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Michael Milmoe, US Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On August 13, 2014, Pansy Downs 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”]. Petitioner alleged that she suffered an injection-related left
shoulder injury which was caused in fact by the influenza vaccine she received on
October 10, 2011. Petition at 1, 7. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On November 7, 2014, respondent’s counsel verbally informed the OSM staff
attorney managing this case that respondent wished to concede the issue of entitlement
in this case. See Order, issued Nov. 10, 2014, at 1. He asked if I required respondent
to concede entitlement in a Rule 4(c) report or if a status report would be sufficient. See
id. As I indicated, “[a] written indication from respondent’s counsel that respondent is
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post it 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
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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00731-UNJ Document 17 Filed 12/23/14 Page 2 of 2
conceding the issue of entitlement whether in a status report or Rule 4(c) report would
be sufficient for me to find entitlement and move the case into the damages phase. Id.
On November 24, 2014, respondent filed a status report conceding entitlement in
this case. Specifically, respondent indicates “that petitioner is entitled to vaccine
compensation for her shoulder injury.” Status Report at 1.
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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00731-1
Date issued/filed: 2015-11-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/06/2015) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00731-UNJ Document 35 Filed 11/16/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-0731V
Filed: October 6, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PANSY DOWNS, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer & Chin-Caplan, Boston, MA, for petitioner.
Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 13, 2014, Pansy Downs (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq.,2 [“Vaccine Act”]. Petitioner alleged that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) which was caused by the influenza (“flu”) vaccine she
received on October 10, 2011. Petition at 1, 7. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On December 1, 2014, a ruling was issued on entitlement, finding petitioner
entitled to compensation. On October 5, 2015, respondent filed a proffer on award of
compensation [“Proffer”] stating that petitioner should be awarded $125,000.00. Proffer
at 1.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it 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
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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-00731-UNJ Document 35 Filed 11/16/15 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $125,000.00, in the form of a check payable to
petitioner, Pansy Downs. This amount accounts for all elements of compensation
under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
s/Nora Beth Dorsey
Nora Beth Dorsey
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-00731-UNJ Document 35 Filed 11/16/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
PANSY DOWNS, )
)
Petitioner, ) No. 14-731V
) Ch. Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On December 1, 2014, then Chief Special Master Denise Vowell issued a Ruling on
Entitlement finding that petitioner was entitled to vaccine compensation for her Shoulder Injury
Related to Vaccine Administration (“SIRVA”) injury. Respondent proffers that, based on the
evidence of record, petitioner should be awarded $125,000.00. This amount represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-
15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the special master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $125,000.00 in the form of a check payable to petitioner, Pansy
Downs. This amount accounts for all elements of compensation under 42 U.S.C.
1 Should petitioner die prior to entry of judgment, respondent reserves the right to move the Court for appropriate
relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and
future lost wages.

Case 1:14-vv-00731-UNJ Document 35 Filed 11/16/15 Page 4 of 4
§ 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: October 5, 2015 Fax: (202) 616-4310