VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00201
Package ID: USCOURTS-cofc-1_15-vv-00201
Petitioner: Marilyn Akyuz
Filed: 2015-03-02
Decided: 2015-09-30
Vaccine: trivalent influenza
Vaccination date: 2013-10-07
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 127500

AI-assisted case summary:
Marilyn Akyuz filed a petition on March 2, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a trivalent influenza vaccine administered on October 7, 2013, resulted in a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 19, 2015, conceding that the petitioner's alleged injury was consistent with SIRVA and that she had met all legal requirements for compensation. Based on this concession and the available evidence, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on June 22, 2015, finding Ms. Akyuz entitled to compensation. Subsequently, on September 1, 2015, the respondent filed a proffer on the award of compensation, recommending an award of $127,500.00. The petitioner agreed to this amount. On September 30, 2015, Special Master Vowell issued a decision awarding Marilyn Akyuz a lump sum payment of $127,500.00, representing compensation for all damages available under the Act. Ronald Homer of Conway, Homer & Chin-Caplan, P.C. represented the petitioner, and Sarah Duncan from the U.S. Department of Justice represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The mechanism of injury is not detailed in the provided text.

Theory of causation field:
Petitioner Marilyn Akyuz alleged a shoulder injury related to vaccine administration (SIRVA) following a trivalent influenza vaccination on October 7, 2013. The respondent conceded that the injury was consistent with SIRVA and that petitioner met all legal prerequisites for compensation. The Special Master, Denise Kathryn Vowell, ruled on entitlement on June 22, 2015, finding petitioner entitled to compensation. A subsequent proffer on award of compensation was filed by the respondent on September 1, 2015, recommending $127,500.00, which petitioner accepted. Special Master Vowell issued a decision on September 30, 2015, awarding a lump sum of $127,500.00. The theory of causation was based on the "Table" as indicated by the respondent's concession, and no specific medical experts or detailed mechanism of injury were presented in the provided public text. Petitioner was represented by Ronald Homer, and respondent by Sarah Duncan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00201-0
Date issued/filed: 2015-07-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/22/2015) regarding 18 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00201-UNJ Document 21 Filed 07/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-201V
Filed: June 22, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARILYN AKYUZ, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Trivalent Influenza (“Flu”);
* Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
Respondent. * (“SPU”)
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Sarah Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On March 2, 2015, Marilyn Akyuz 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 as a result of a trivalent influenza
[“flu”] vaccination on October 7, 2013, she 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 June 19, 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 indicates that “petitioner’s alleged injury is consistent with
a shoulder injury related to vaccine administration [‘SIRVA’].” Id. at 1, 5. Respondent
further indicates petitioner has “satisfied all legal prerequisites for compensation under
the Act.” Id. at 5.
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 1:15-vv-00201-UNJ Document 21 Filed 07/24/15 Page 2 of 2
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_15-vv-00201-1
Date issued/filed: 2015-09-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/02/2015) regarding 24 DECISION Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00201-UNJ Document 30 Filed 09/30/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-201V
Filed: September 2, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARILYN AKYUZ, *
*
Petitioner, * Damages Decision Based on Proffer;
* Trivalent Influenza (“Flu”);
* Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
Respondent. * (“SPU”)
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Sarah Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Special Master:
On March 2, 2015, Marilyn Akyuz 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 a trivalent influenza
[“flu”] vaccination on October 7, 2013, 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 June 22, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation for SIRVA. On September 1, 2015, respondent filed a proffer on award
of compensation [“Proffer”] indicating that petitioner should be awarded compensation in
the amount of $127,500.00. Proffer at 1.
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 1:15-vv-00201-UNJ Document 30 Filed 09/30/15 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $127,500.00 in the form of a check payable to petitioner, Marilyn
Akyuz. 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/Denise K. Vowell
Denise K. Vowell
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

Case 1:15-vv-00201-UNJ Document 30 Filed 09/30/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARILYN AKYUZ, )
)
Petitioner, )
) No. 15-0201V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$127,500.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $127,500.00, in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
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.
1

Case 1:15-vv-00201-UNJ Document 30 Filed 09/30/15 Page 4 of 4
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/ Sarah C. Duncan
Sarah C. Duncan
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) 514-9729
Fax: (202) 616-4310
Date: September 1, 2015
2