VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00767
Package ID: USCOURTS-cofc-1_14-vv-00767
Petitioner: Jennifer Ratterman
Filed: 2014-12-30
Decided: 2015-12-28
Vaccine: influenza
Vaccination date: 2011-08-26
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Jennifer Ratterman filed a petition for compensation under the National Vaccine Injury Compensation Program on August 22, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a trivalent influenza vaccination on August 26, 2011. The respondent, the Secretary of Health and Human Services, filed a report on December 29, 2014, conceding that the petitioner was entitled to compensation. The respondent stated that the evidence established that the injury to Ratterman's right shoulder was caused by the administration of the flu vaccine and was not due to unrelated factors. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on December 30, 2014, finding that the petitioner was entitled to compensation based on the respondent's concession and the evidence. Subsequently, on March 6, 2015, the parties filed a proffer on the award of compensation. The respondent's proffer detailed compensation for all elements of damages available under Section 15(a) of the Vaccine Act, and the petitioner agreed to the proposed award. Chief Special Master Vowell issued a decision on March 30, 2015, awarding Jennifer Ratterman a lump sum payment of $150,000.00, payable to the petitioner, representing compensation for all damages. On November 5, 2015, the parties filed a stipulation for attorneys' fees and costs. Chief Special Master Nora Beth Dorsey issued a decision on December 28, 2015, approving the stipulation and awarding a total of $32,000.00 as a lump sum, jointly payable to Jennifer Ratterman and her counsel, Richard Christian Macke. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Jennifer Ratterman alleged a shoulder injury related to vaccine administration (SIRVA) following a trivalent influenza vaccination on August 26, 2011. The respondent conceded entitlement, stipulating that the evidence established the injury to the petitioner's right shoulder was caused by the vaccine administration. The case proceeded to an award of compensation based on this concession. The specific medical mechanism, expert testimony, or detailed clinical findings regarding the SIRVA were not described in the public decisions. The award for all damages under 42 U.S.C. § 300aa-15(a) was $150,000.00, awarded on March 30, 2015, by Chief Special Master Denise Kathryn Vowell. Attorneys' fees and costs totaling $32,000.00 were awarded on December 28, 2015, by Chief Special Master Nora Beth Dorsey, jointly payable to the petitioner and her counsel, Richard Christian Macke. Respondent's counsel was Lynn Elizabeth Ricciardella.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00767-0
Date issued/filed: 2015-01-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/30/2014) regarding 16 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00767-UNJ Document 18 Filed 01/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-767V
Filed: December 30, 2014
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
JENNIFER RATTERMAN *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Trivalent Influenza Vaccine
v. * (“flu”); Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Richard Christian Macke, Newport, KY, for petitioner.
Lynn Ricciardella, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On August 22, 2014, Jennifer Ratterman 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 a trivalent influenza
(“flu”) vaccination on August 26, 2011, petitioner suffered a “shoulder injury related to
vaccine administration.” Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On December 29 29, 2014, respondent filed her Rule 4(c) Report [“Respondent’s
Report”], in which she concedes that petitioner is entitled to compensation in this case.
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-00767-UNJ Document 18 Filed 01/22/15 Page 2 of 2
Respondent’s Report at 6. Specifically, respondent submits “that a preponderance of
evidence establishes that the injury to petitioner’s right shoulder was caused by the
administration of her August 26, 2011, flu vaccine, and that petitioner’s injury is not due
to factors unrelated to the administration of her August 26, 2011, flu vaccine.” 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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00767-1
Date issued/filed: 2015-03-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/06/2015) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00767-UNJ Document 24 Filed 03/30/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-767V
Filed: March 6, 2015
* * * * * * * * * * * * * * * * * * * * * * * * *
JENNIFER RATTERMAN *
*
*
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. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Richard Christian Macke, Esq., Newport, KY, for petitioner.
Lynn Elizabeth Ricciardella, Esq., U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On August 22, 2014, Jennifer Ratterman 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 August 26, 2011, 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 December 30, 2014, I issued a ruling on entitlement, finding petitioner entitled
to compensation. On March 6, 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-00767-UNJ Document 24 Filed 03/30/15 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 $150,000.00 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-00767-UNJ Document 24 Filed 03/30/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JENNIFER RATTERMAN, )
)
Petitioner, ) No. 14-767V
) Chief Special Master Vowell
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
Respondent proffers that, based on the evidence of record, petitioner should be
awarded $150,000.00. 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)(B); and
§15(a)(4). Petitioner agrees.
II. Form of the Award:
The parties recommend that the compensation provided to Jennifer Ratterman should
be made through a lump sum payment as described below, and request that the Chief
Special Master’s decision and the Court’s judgment award the following:1
A lump sum payment of $150,000.00 in the form of a check payable to petitioner,
Jennifer Ratterman. This amount accounts for all elements of compensation
under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 and future pain and suffering.

Case 1:14-vv-00767-UNJ Document 24 Filed 03/30/15 Page 4 of 4
Respectfully submitted,
BENJAMIN C. MIZER
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
ALTHEA W. DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/ Lynn E. Ricciardella
LYNN E. RICCIARDELLA
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) 616-4356
DATED: March 6, 2015

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00767-2
Date issued/filed: 2015-12-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/05/2015) regarding 35 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00767-UNJ Document 39 Filed 12/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-767V
Filed: November 5, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
JENNIFER RATTERMAN, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Richard Christian Macke, Esq., Newport, KY, for petitioner.
Lynn Elizabeth Ricciardella, Esq., U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On August 22, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”]. Petitioner alleged that she suffered shoulder injury related to vaccine
administration (“SIRVA”). On March 6, 2015, a decision issued awarding compensation
to petitioner based on respondent’s proffer.
On November 5, 2015, the parties filed a Stipulation of Attorneys’ Fees and
Costs. According to the stipulation, the parties stipulate to an award of $32,000.00. In
accordance with General Order #9, petitioner’s counsel represents that petitioner
incurred no out-of-pocket expenses.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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-00767-UNJ Document 39 Filed 12/28/15 Page 2 of 2
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 the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $32,000.003 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
R. Christian Macke.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2