VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00959
Package ID: USCOURTS-cofc-1_14-vv-00959
Petitioner: Amy Lee Dillson
Filed: 2014-10-08
Decided: 2015-09-18
Vaccine: influenza
Vaccination date: 2012-10-12
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Amy Lee Dillson filed a petition for compensation under the National Vaccine Injury Compensation Program on October 8, 2014, alleging a left shoulder injury resulting from an influenza vaccine administered on October 12, 2012. The case was handled by the Special Processing Unit. On May 21, 2015, the respondent filed a Rule 4(c) report conceding that Ms. Dillson was entitled to compensation. The respondent's medical personnel concluded that Ms. Dillson suffered a non-Table injury of Shoulder Injury Related to Vaccine Administration (SIRVA) and that the preponderance of the medical evidence indicated the injury was causally related to the vaccination. Based on this concession, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement. Subsequently, on August 21, 2015, the parties filed a joint proffer on the award of compensation. The respondent proffered that Ms. Dillson should be awarded $70,000.00 for actual and projected pain and suffering, which petitioner agreed to. The parties also agreed that the vaccine-related injury had not impaired Ms. Dillson's earning capacity, and therefore, no award for lost wages or future earnings was sought. The proffer also noted that petitioner had not submitted documentation for unreimbursed expenses, and thus no award was sought for that category. Chief Special Master Vowell issued a decision awarding Ms. Dillson a lump sum payment of $70,000.00, payable by check to Amy Dillson, as compensation for all damages available under the Vaccine Act. The decision was based on the parties' stipulation and proffer. Petitioner was represented by Danny Ray Ellis of Massey & Associates, P.C., and respondent was represented by Alexis Babcock of the U.S. Department of Justice.

Theory of causation field:
Petitioner Amy Lee Dillson alleged a left shoulder injury after receiving an influenza vaccine on October 12, 2012. The respondent conceded entitlement, concluding that petitioner suffered a non-Table injury of Shoulder Injury Related to Vaccine Administration (SIRVA) causally related to the vaccination. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The case resulted in a compensation award of $70,000.00 for pain and suffering, based on a joint proffer by petitioner's counsel Danny Ray Ellis and respondent's counsel Alexis Babcock. Chief Special Master Denise Kathryn Vowell issued the ruling on entitlement on May 21, 2015, and the final decision awarding damages on September 18, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00959-0
Date issued/filed: 2015-06-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/21/2015) regarding 24 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00959-UNJ Document 27 Filed 06/11/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-959V
Filed: May 21, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
AMY LEE DILLSON, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza; Shoulder Injury Related
* to Vaccine Administration (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danny Ray Ellis, Massey & Associates, P.C., Chattanooga, TN, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On October 8, 2014, Amy Lee Dillson 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 alleges that she suffered a left shoulder injury as
a result of receiving an influenza vaccine on October 12, 2012. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On May 21, 2015, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent states that medical personnel at the Division of Injury
Compensation Programs (“DICP”) “concluded that Ms. Dillson suffered a non-Table
injury of SIRVA and that the preponderance of the medical evidence indicates that the
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-00959-UNJ Document 27 Filed 06/11/15 Page 2 of 2
injury was causally related to the vaccination. Therefore, compensation is appropriate.”
Id. at 4.
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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00959-1
Date issued/filed: 2015-09-18
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/21/2015) regarding 32 DECISION Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00959-UNJ Document 35 Filed 09/18/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-959V
Filed: August 21, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
AMY LEE DILLSON, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza; Shoulder Injury (“SIRVA”)
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danny Ray Ellis, Massey & Associates, P.C., Chattanooga, TN, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On October 8, 2014, Amy Dillson 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 alleges that she suffered a shoulder injury
caused by an October 10, 2012 influenza vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On May 21, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation for her shoulder injury which respondent conceded was a shoulder injury
related to vaccine administration (“SIRVA”). On August 21, 2015, respondent filed a
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-00959-UNJ Document 35 Filed 09/18/15 Page 2 of 4
proffer on award of compensation [“Proffer”] indicating petitioner should be awarded
$70,000.00 for actual and projected pain and suffering.3 Proffer at 1.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $70,000.00 in the form of a check payable to petitioner, Amy
Dillson. 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.4
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 I note that the proffer is mis-captioned to the extent that it refers to “Amy Dillson” rather than “Amy Lee
Dillson” as above.
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

CCaassee 11::1144--vvvv--0000995599--UUNNJJ DDooccuummeenntt 3315 FFiilleedd 0089//2118//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
AMY DILLSON, )
)
Petitioner, )
) No. 14-959
v. ) Chief Special Master Vowell
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on May 25, 2015.
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $70,000.00 in actual and projected
pain and suffering. This amount reflects that the award for projected pain and suffering has been
reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Petitioner has not submitted documentation for unreimbursed expenses in this case, and
thus respondent proffers that petitioner should not be awarded any amount for unreimbursed
expenses. Petitioner agrees.
C. Lost Wages
The parties agree that based upon the evidence of record, petitioner’s vaccine-related
injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner

CCaassee 11::1144--vvvv--0000995599--UUNNJJ DDooccuummeenntt 3315 FFiilleedd 0089//2118//1155 PPaaggee 24 ooff 24
should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(3)(A). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $70,000.00 in the form of a check payable to petitioner.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Tort Branch, Civil Division
MICHAEL P. MILMOE
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
Dated: August 21, 2015 Telephone: (202) 616-7678
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