VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01153
Package ID: USCOURTS-cofc-1_14-vv-01153
Petitioner: Mary Daniels
Filed: 2015-02-19
Decided: 2016-05-12
Vaccine: influenza
Vaccination date: 2012-12-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 108003

AI-assisted case summary:
Mary Daniels filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she sustained a shoulder injury related to vaccine administration (SIRVA) caused by the flu vaccine she received on December 3, 2012. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, stating that the alleged injury was consistent with SIRVA and was caused by the influenza vaccine. Respondent also agreed that the injury lasted for more than six months and was not due to unrelated factors. Based on respondent's concession and the evidence, the Chief Special Master found petitioner entitled to compensation. Subsequently, respondent filed a proffer on award of compensation, proposing an award of $108,003.08. Petitioner agreed to this proposed award, which represented compensation for all damages available under the Vaccine Act. The Chief Special Master awarded petitioner a lump sum payment of $108,003.08. Petitioner is also entitled to reasonable attorneys' fees and litigation costs, to be determined at a later date.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01153-0
Date issued/filed: 2015-03-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/19/2015) regarding 13 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01153-UNJ Document 15 Filed 03/18/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1153V
Filed: February 19, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARY DANIELS, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza or Flu Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (SIRVA); Special Processing Unit
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Joseph Pepper, Esq. (acting for Ronald Homer), Conway, Homer & Chin-Caplan, P.C.,
Boston, MA, for petitioner.
Camille Collett, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On November 26, 2014, Mary Daniels 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 a shoulder injury related to
vaccine administration (SIRVA) which was caused by the flu vaccine she received on
December 3, 2012. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 18, 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 5. Specifically, respondent “believes that the alleged injury is consistent
with a shoulder injury related to vaccine administration (“SIRVA”) and it was caused in
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-01153-UNJ Document 15 Filed 03/18/15 Page 2 of 2
fact by the influenza vaccine she received on December 3, 2012.” Id. Furthermore,
respondent agrees that petitioner’s injury lasted for more than six months and is not due
to factors unrelated to the administration of the 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-01153-1
Date issued/filed: 2016-05-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/15/2016) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01153-UNJ Document 40 Filed 05/12/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1153V
Filed: March 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARY DANIELS, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 26, 2014, Mary Daniels 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 a shoulder injury related to
vaccine administration (SIRVA) which was caused by the flu vaccine she received on
December 3, 2012. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 19, 2015, a ruling on entitlement was issued, finding that petitioner
was entitled to compensation. On March 15, 2016, respondent filed a proffer on award
of compensation [“Proffer”] stating that petitioner should be awarded $108,003.08.
Proffer at 1. According to respondent’s Proffer, petitioner agrees to the proposed award
of compensation. Id.
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 (2012)). 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-01153-UNJ Document 40 Filed 05/12/16 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $108,003.08 in the form of a check payable to
petitioner, Mary Daniels. 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
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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--0011115533--UUNNJJ DDooccuummeenntt 3460 FFiilleedd 0035//1152//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARY DANIELS,
Petitioner,
v. No. 14-1153V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 18, 2015, respondent filed a Rule 4(c) Report in which she conceded
entitlement. On February 19, 2015, the Court issued a Ruling on Entitlement, finding
that petitioner is entitled to compensation.
Respondent now proffers that petitioner receive an award of a lump sum of
$108,003.08, in the form of a check payable to petitioner. This amount represents
compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which
petitioner is entitled.1 This proffer does not address final attorneys’ fees and litigation
costs. Petitioner is additionally entitled to reasonable attorneys’ fees and litigation costs,
to be determined at a later date upon petitioner submitting substantiating documentation.
Petitioner agrees with the proffered award of $108,003.08, as representing all
elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
1 Should petitioner die prior to the 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.

CCaassee 11::1144--vvvv--0011115533--UUNNJJ DDooccuummeenntt 3460 FFiilleedd 0035//1152//1166 PPaaggee 24 ooff 24
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
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4098
DATE: March 15, 2016
2