VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01086
Package ID: USCOURTS-cofc-1_14-vv-01086
Petitioner: Marilyn Witbrodt
Filed: 2014-11-07
Decided: 2015-03-25
Vaccine: influenza
Vaccination date: 2013-09-30
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 115000

AI-assisted case summary:
On November 7, 2014, Marilyn Witbrodt filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination received on September 30, 2013. The case was assigned to the Special Processing Unit. On March 18, 2015, the respondent filed a Rule 4(c) report conceding that compensation was appropriate. The respondent concluded that Ms. Witbrodt suffered from SIRVA, a non-Table injury, and that the medical evidence indicated the injury was causally related to the flu vaccination. Based on the respondent's concession and the evidence, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on March 19, 2015, finding Ms. Witbrodt entitled to compensation. Subsequently, on March 25, 2015, the respondent filed a proffer on award of compensation, proposing an award of $115,000.00, representing all elements of compensation. The petitioner, a competent adult, agreed to this amount. Chief Special Master Vowell issued a decision on March 25, 2015, awarding Ms. Witbrodt a lump sum payment of $115,000.00, payable by check to petitioner. This amount represented all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Alison Haskins, Esq., of Maglio Christopher and Toale, PA. Respondent was represented by Linda Renzi, Esq., of the U.S. Department of Justice.

Theory of causation field:
Petitioner Marilyn Witbrodt alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 30, 2013. The respondent conceded that compensation was appropriate, concluding that petitioner suffered from SIRVA, a non-Table injury, and that the injury was causally related to the flu vaccination. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No experts were named in the public text. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on March 19, 2015, finding petitioner entitled to compensation. On March 25, 2015, respondent proffered an award of $115,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Chief Special Master Vowell awarded this lump sum amount to petitioner. Petitioner was represented by Alison Haskins, Esq., and respondent by Linda Renzi, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01086-0
Date issued/filed: 2015-04-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/19/2015) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01086-UNJ Document 24 Filed 04/15/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1086V
Filed: March 19, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARILYN WITBRODT, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza or Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; SIRVA; Special
AND HUMAN SERVICES, * Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Esq., Maglio Christopher and Toale, PA, Sarasota, FL for petitioner.
Linda Renzi, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On November 7, 2014, Marilyn Witbrodt 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 the influenza vaccination she received on September 30, 2013.3 The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On March 18, 2015, respondent filed her Rule 4(c) report in which she concedes
“compensation is appropriate” in this case. Respondent’s Rule 4(c) Report at 3.
Specifically, respondent “concludes that petitioner suffered a Shoulder Injury Related to
Vaccine Administration, a non-Table injury, and that the preponderance of the medical
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).
3 Petition at 1, 3. Although the petition is titled “’On-Table’ Petition for Compensation,” petition alleges her
injuries are causally related to her vaccination.

Case 1:14-vv-01086-UNJ Document 24 Filed 04/15/15 Page 2 of 2
evidence indicates that the injury was causally related to the flu vaccination” she
received on September 30, 2013. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-01086-1
Date issued/filed: 2015-04-15
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/25/2015) regarding 20 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01086-UNJ Document 25 Filed 04/15/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1086V
Filed: March 25, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARILYN WITBRODT, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza or Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; SIRVA; Special
AND HUMAN SERVICES, * Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Esq., Maglio Christopher and Toale, PA, Sarasota, FL for petitioner.
Linda Renzi, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On November 7, 2014, Marilyn Witbrodt 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 the influenza vaccination she received on September 30, 2013.3 The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On March 19, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation for her shoulder injury related to vaccine administration [“SIRVA”]. On
March 25, 2015, respondent filed a proffer on award of compensation [“Proffer”]
indicating petitioner should be awarded $115,000.00 representing “all elements of
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).
3 Petition at 1, 3. Although the petition is titled “’On-Table’ Petition for Compensation,” petition alleges her
injuries are causally related to her vaccination.

Case 1:14-vv-01086-UNJ Document 25 Filed 04/15/15 Page 2 of 4
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.”
Proffer at 1. Respondent avers that petitioner is a competent adult, proof of
guardianship is not required, and petitioner agrees to this proposed amount. Id.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $115,000.00 in the form of a check payable to petitioner, Marilyn
Witbrodt. 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
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.
2

CCaassee 11::1144--vvvv--0011008866--UUNNJJ DDooccuummeenntt 1295 FFiilleedd 0034//2155//1155 PPaaggee 13 ooff 24
N THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARILYN WITBRODT, )
)
Petitioner, ) No. 14-1086V
) Chief Special Master
v. ) Denise K. Vowell
) ECF
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 $115,000.00. 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:
The parties recommend that the compensation provided to Marilyn Witbrodt 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 $115,000.00, in the form of a check payable to petitioner,
Marilyn Witbrodt. 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, future pain and suffering, and future lost wages.

CCaassee 11::1144--vvvv--0011008866--UUNNJJ DDooccuummeenntt 1295 FFiilleedd 0034//2155//1155 PPaaggee 24 ooff 24
Respectfully submitted,
BENJAMIN C. MIZER
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
s/ Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4133
DATED: March 25, 2015