VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00990
Package ID: USCOURTS-cofc-1_14-vv-00990
Petitioner: Tracy Czuprynski
Filed: 2015-01-09
Decided: 2015-04-15
Vaccine: influenza
Vaccination date: 2012-10-02
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 76623

AI-assisted case summary:
Tracy Czuprynski filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on October 2, 2012. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Czuprynski was entitled to compensation. The respondent stated that the evidence established that her left shoulder injury was caused by the flu vaccine and was not due to unrelated factors. The Chief Special Master issued a ruling on entitlement, finding Ms. Czuprynski entitled to compensation. Subsequently, the parties filed a proffer on the award of compensation. The respondent proposed an award of $76,623.04, which included $1,623.04 for past unreimbursable expenses and $75,000.00 for pain and suffering. Ms. Czuprynski, who is a competent adult, agreed to this amount. The Chief Special Master awarded the lump sum payment of $76,623.04, representing all elements of compensation available under the Act.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00990-0
Date issued/filed: 2015-02-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/09/2015) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00990-UNJ Document 17 Filed 02/23/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-990V
Filed: January 9, 2015
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
TRACY CZUPRYNSKI *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccine (“flu”);
v. * Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Meredith Daniels, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Debra Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT
Vowell, Chief Special Master:
On October 15, 2014, Tracy Czuprynski (“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” or “Program”]. The petition alleges that as a
result of receiving an influenza (“flu”) vaccination on October 2, 2012, petitioner suffered
a “shoulder injury related to vaccine administration” (“SIRVA”). Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On January 8, 2015, 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, it will be
posted 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-00990-UNJ Document 17 Filed 02/23/15 Page 2 of 2
Respondent’s Report at 5-6. Specifically, respondent submits that “a preponderance of
evidence establishes that the injury to petitioner’s left shoulder was caused by the
administration of her October 2, 2012 flu vaccine, and that petitioner’s injury is not due
to factors unrelated to the administration of the October 2, 2012 flu vaccine . . . In light
of the information contained in petitioner’s medical records, respondent has concluded
that her left shoulder injury is compensable as a “cause-in-fact” injury under the Act.” Id.
at 5-6 (citations omitted).
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-00990-1
Date issued/filed: 2015-05-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/16/2015) 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-00990-UNJ Document 25 Filed 05/08/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-990V
Filed: April 16, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TRACY CZUPRYNSKI, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (flu); Cause-in-fact;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; Special Processing Unit;
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Meredith Daniels, Esq., Conway, Homer & Chin-Caplin, P.C., Boston, MA, for petitioner.
Debra Filteau Begley, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On October 15, 2014, Tracy Czuprynski filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., [the
“Vaccine Act” or “Program”]. Petitioner alleged that she suffered a left shoulder injury
as a result of the administration of an influenza (flu) vaccination on October 2, 2012.
Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 8, 2015, respondent filed her Rule 4(c) report [“Res. Report”], in
which she conceded that petitioner is entitled to compensation in this case. Res. Report
at 3-4. Specifically, respondent indicated that “a preponderance of evidence
establishes that the injury to petitioner’s left shoulder was caused by the administration
of her October 2, 2012 flu vaccine, and that petitioner’s injury is not due to factors
unrelated to the administration of the October 2, 2012 flu vaccine.” Id at 3. Respondent
indicated that petitioner has satisfied all the prerequisites for compensation under the
Vaccine Act. Id.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, it will be
posted 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.

Case 1:14-vv-00990-UNJ Document 25 Filed 05/08/15 Page 2 of 4
On January 9, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation. On April 15, 2015, respondent filed a proffer on award of compensation
[“Proffer”] detailing compensation in the amount of $76,623.04, including $1,623.04 for
past unreimbursable expenses and $75,000.00 for pain and suffering. Proffer at 1.
Respondent averred that petitioner agreed to the amount set forth therein. Id. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $76,623.04 in the form of a check payable to petitioner, Tracy
Czuprynski. This amount accounts for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner would be entitled.
The clerk of the court is directed to enter judgment in accordance with this
decision.2
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2 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--0000999900--UUNNJJ DDooccuummeenntt 2205 FFiilleedd 0045//1058//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
TRACY CZUPRYNSKI, *
*
Petitioner, * No. 14-990V
* CHIEF SPECIAL MASTER
v. * DENISE VOWELL
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s
Rule 4(c) Report, filed on January 8, 2015, conceding entitlement in this case. Based upon the
evidence of record, respondent proffers that petitioner should be awarded $76,623.04, consisting
of $1,623.04 in past unreimbursable expenses and $75,000.00 in pain and suffering. This
represents all elements of competition to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a) for her vaccine-related injury.1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following:
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.

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A lump sum of $76,623.04 in the form of a check payable to petitioner, Tracy
Czuprynski. This amounts 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.
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
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: April 15, 2015 Fax: (202) 353-2988