VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00203
Package ID: USCOURTS-cofc-1_15-vv-00203
Petitioner: Peggy Lafon
Filed: 2015-03-02
Decided: 2016-05-02
Vaccine: influenza
Vaccination date: 2013-10-09
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 115000

AI-assisted case summary:
Peggy Lafon filed a petition for compensation under the National Vaccine Injury Compensation Program on March 2, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 9, 2013. The case was assigned to the Special Processing Unit. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on April 27, 2015, conceding that Ms. Lafon was entitled to compensation. The respondent stated that the injury was consistent with SIRVA and that Ms. Lafon met the statutory requirements for compensation, having suffered residual effects for more than six months. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Ms. Lafon entitled to compensation. Subsequently, on December 21, 2015, the respondent filed a proffer on award of compensation, recommending an award of $115,000.00. The proffer indicated that Ms. Lafon agreed with this amount, which represented all elements of compensation available under the Act. The Chief Special Master accepted the proffer and issued a decision awarding Ms. Lafon a lump sum payment of $115,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00203-0
Date issued/filed: 2015-05-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/27/2015) regarding 13 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00203-UNJ Document 15 Filed 05/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-203V
Filed: April 27, 2015
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
PEGGY LAFON *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Trivalent Influenza Vaccine
v. * (“flu”); Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Joseph Pepper, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On March 2, 2015, Peggy Lafon 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 9, 2013, petitioner suffered a “shoulder injury related to
vaccine administration.” Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 27, 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 1:15-vv-00203-UNJ Document 15 Filed 05/22/15 Page 2 of 2
Respondent’s Report at 3. Specifically, respondent states that she “believes that
petitioner’s alleged injury is consistent with a shoulder injury related to vaccine
administration (“SIRVA”)” and that “petitioner met the statutory requirements by
suffering the residual effects of her condition for more than six months.” “Therefore,”
respondent concluded, “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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00203-1
Date issued/filed: 2016-05-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/22/2015) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (tpj) Copy to parties.
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Case 1:15-vv-00203-UNJ Document 35 Filed 05/02/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-203V
Filed: December 22, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PEGGY LAFON, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza;
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, PC, Boston, MA, for petitioner.
Adriana Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 2, 2015, 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”]. Petitioner alleges that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) following receipt of her October 9, 2013 influenza
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On April 27, 2015, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a SIRVA. On December 21, 2015, respondent filed a proffer on
award of compensation [“Proffer”] indicating petitioner should be awarded $115,000.00.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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-00203-UNJ Document 35 Filed 05/02/16 Page 2 of 4
proffered award. Based on the record as a whole, the undersigned finds that petitioner
is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $115,000.00 in the form of a check payable to
petitioner, Peggy Lafon. 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 the parties’ joint filing of notice
renouncing the right to seek review.

Case 1:15-vv-00203-UNJ Document 35 Filed 05/02/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PEGGY LAFON,
Petitioner,
v.
No. 15-203
SECRETARY OF HEALTH AND Chief Special Master Dorsey
HUMAN SERVICES, ECF
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On April 27, 2015, respondent filed a Rule 4(c) Report conceding that petitioner was
entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration
(“SIRVA”) injury. 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the special master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $115,000.00 in the form of a check payable to petitioner,
Peggy Lafon. 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, respondent reserves 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.
1

Case 1:15-vv-00203-UNJ Document 35 Filed 05/02/16 Page 4 of 4
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
LINDA RENZI
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Adriana Teitel
ADRIANA TEITEL
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) 616-3677
Dated: December 21, 2015.
2