VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00983
Package ID: USCOURTS-cofc-1_14-vv-00983
Petitioner: Virginia Shives
Filed: 2014-12-09
Decided: 2015-03-09
Vaccine: influenza
Vaccination date: 2013-09-20
Condition: left shoulder and arm pain
Outcome: compensated
Award amount USD: 99413

AI-assisted case summary:
Virginia Shives filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder and arm pain caused-in-fact by the influenza vaccine she received on September 20, 2013. The respondent conceded that the alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused in fact by the flu vaccine. The respondent further agreed that Ms. Shives had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Ms. Shives entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation, agreeing to a lump sum payment of $85,000.00 for pain and suffering. The court awarded this amount. Later, the parties stipulated to attorneys' fees and costs in the amount of $14,413.14, which the court also awarded. Therefore, Virginia Shives was compensated for her SIRVA injury, receiving a total of $99,413.14.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00983-0
Date issued/filed: 2014-12-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/09/2014) regarding 16 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
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Case 1:14-vv-00983-UNJ Document 18 Filed 12/30/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-983V
Filed: December 9, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
VIRGINIA SHIVES, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccine or Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; SIRVA
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Claudia Gangi, US Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On October 14, 2014, Virginia Shives 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 left shoulder and arm
pain caused-in-fact by the influenza vaccine she received on September 20, 2013.
Petition at 1-2, 7. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 9, 2014, respondent filed her Rule 4(c) report [“Res. Report”] in
which she concedes that petitioner is entitled to compensation in this case. Res. Report
at 3. Specifically, respondent indicates “that the alleged injury is consistent with a
shoulder injury related to vaccine administration (“SIRVA”), and that it was caused in
fact by the flu vaccine that petitioner received on September 20, 2013.” Id. Respondent
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-00983-UNJ Document 18 Filed 12/30/14 Page 2 of 2
agrees that “based on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Act.” 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-00983-1
Date issued/filed: 2015-02-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/27/2015) 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-00983-UNJ Document 29 Filed 02/24/15 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-983V
Filed: January 27, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
VIRGINIA SHIVES, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza Vaccine or Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; SIRVA,
AND HUMAN SERVICES, * Special Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Claudia Gangi, US Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On October 14, 2014, Virginia Shives 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 left shoulder and arm
pain caused-in-fact by the influenza vaccine she received on September 20, 2013.
Petition at 1-2, 7. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 9, 2014, I issued a ruling on entitlement, finding petitioner entitled
to compensation. On January 27, 2015, respondent filed a proffer on award of
compensation [“Proffer”] indicating petitioner should be awarded $85,000.00 “for actual
and projected pain and suffering.” Proffer at 2. According to respondent’s Proffer,
petitioner agrees to this proposed amount. Id. at 1-2.
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 (2006).

Case 1:14-vv-00983-UNJ Document 29 Filed 02/24/15 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $85,000.00 in the form of a check payable to petitioner, Virginia
Shives. 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
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

CCaassee 11::1144--vvvv--0000998833--UUNNJJ DDooccuummeenntt 1299 FFiilleedd 0012//2274//1155 PPaaggee 13 ooff 35
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
VIRGINIA SHIVES, )
)
Petitioner, )
) No. 14-983V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 14, 2014, Virginia Shives (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to 34.
Petitioner alleges that she received an influenza vaccine in her left arm on September 20, 2013,
and subsequently suffered a left shoulder injury secondary to the vaccination. Petition at 1-2.
On December 9, 2014, the Secretary of Health and Human Services (“respondent”) filed a
Vaccine Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury related to
vaccine administration (“SIRVA”), and recommending that the Court award petitioner
compensation. Respondent’s Rule 4(c) Report at 3. Respondent hereby submits the following
proffer regarding the award of compensation.
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioner is not entitled to an
award for projected unreimbursable medical care expenses incurred from the date of judgment as
provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.

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B. Lost Earnings
Respondent proffers that based upon the evidence of record, petitioner has not and is not
likely to suffer a loss of earnings as a result of her vaccine-related injury. Accordingly, the Court
should not award lost future earnings as provided under § 300aa-15(a)(3)(A). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that the Court should award petitioner a lump sum of $85,000.00 for
her 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 § 300aa-15(a)(4). Petitioner
agrees.
D. Past Unreimbursable Expenses
Respondent proffers that based upon the evidence of record, petitioner has not incurred
any past unreimbursable expenses related to her vaccine-related injury. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to 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 following1: a lump sum payment of $85,000.00 (representing
compensation for actual and projected pain and suffering), in the form of a check payable to
petitioner.
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.

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III. Summary of Recommended Payment Following Judgment
A lump sum payment of $85,000.00, representing compensation for actual and projected pain
and suffering related to the vaccine-related injury, payable to petitioner.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
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) 616-4138
Dated: January 27, 2015

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00983-2
Date issued/filed: 2015-03-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/13/2015) regarding 26 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00983-UNJ Document 30 Filed 03/09/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-983V
Filed: February 13, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
VIRGINIA SHIVES, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Claudia Gangi, US Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On October 14, 2014, Virginia Shives 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 left shoulder and arm
pain caused-in-fact by the influenza vaccine she received on September 20, 2013.
Petition at 1-2, 7. On January 27, 2015, I issued a decision awarding compensation to
petitioner based on respondent’s proffer to which petitioner agreed.
On February 12, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon a total
award of attorneys’ fees and costs to petitioner in the amount of $14,413.14. In
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, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioners have 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-00983-UNJ Document 30 Filed 03/09/15 Page 2 of 2
accordance with General Order #9, petitioner’s counsel represents that petitioner
incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total $14,413.143 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Andrew D. Downing.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
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 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2