VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00283
Package ID: USCOURTS-cofc-1_15-vv-00283
Petitioner: Rita Glynn
Filed: 2015-03-19
Decided: 2016-05-02
Vaccine: Tdap
Vaccination date: 2012-04-30
Condition: brachial neuritis, an impingement syndrome, and frozen shoulder
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Rita Glynn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on April 30, 2012, caused her to suffer brachial neuritis, impingement syndrome, and frozen shoulder. The respondent, the Secretary of Health and Human Services, conceded that Ms. Glynn was entitled to compensation. The respondent's Rule 4(c) report stated that her alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA), that no other cause for her condition had been identified, and that she had suffered residual effects for more than six months. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Ms. Glynn eligible for compensation. Subsequently, the parties submitted a proffer on the award of compensation, agreeing to a lump sum payment of $75,000.00. This amount was awarded to cover all elements of compensation available under the Vaccine Act. The court also approved a separate stipulation for attorneys' fees and costs, awarding $12,044.86 jointly to Ms. Glynn and her counsel. The case was resolved through these concessions and stipulations, resulting in compensation for Ms. Glynn.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00283-0
Date issued/filed: 2015-06-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/01/2015) regarding 11 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00283-UNJ Document 13 Filed 06/25/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-283V
Filed: June 1, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RITA GLYNN, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus-Diphtheria-acellular Pertussis
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
Respondent. * (“SPU”)
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for petitioner.
Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On March 19, 2015, Rita Glynn 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 tetanus-diphtheria-
acellular pertussis vaccination on April 30, 2012, she suffered brachial neuritis, an
impingement syndrome, and frozen shoulder. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On May 29, 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 1. Specifically, respondent indicates that “petitioner’s alleged injury is consistent with
a shoulder injury related to vaccine administration (‘SIRVA’)” and “satisfies the Althen
requirements and that her alleged injury was caused-in-fact by a vaccination.” Id. at 3.
Respondent further indicates that no other cause has been identified for petitioner’s
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-00283-UNJ Document 13 Filed 06/25/15 Page 2 of 2
condition, and petitioner has suffered “the residual effects of her condition for more than
six months.” 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_15-vv-00283-1
Date issued/filed: 2016-03-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/20/2015) regarding 22 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00283-UNJ Document 30 Filed 03/23/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-283V
Filed: November 20, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RITA GLYNN, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus-Diphtheria-acellular Pertussis
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
Respondent. * (“SPU”)
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Randall G. Knutson, Knutson and Casey Law Firm, Mankato, MN, for petitioner.
Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 19, 2015, petitioner, Rita Glynn, 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 tetanus-diphtheria-
acellular pertussis [“Tdap”] vaccination on April 30, 2012, she suffered brachial neuritis,
an impingement syndrome, and frozen shoulder. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On June 1, 2015, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a shoulder injury related to vaccine administration [“SIRVA”]. On
November 20, 2015, respondent filed a proffer on award of compensation [“Proffer”]
indicating petitioner should be awarded $75,000.00. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Based on 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-00283-UNJ Document 30 Filed 03/23/16 Page 2 of 4
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 $75,000.00 in the form of a check payable to
petitioner, Rita Glynn. 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.
2

CCaassee 11::1155--vvvv--0000228833--UUNNJJ DDooccuummeenntt 2310 FFiilleedd 1013//2203//1156 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RITA GLYNN,
Petitioner,
v.
No. 15-283V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND
ECF
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
On March 19, 2015, Rita Glynn (“petitioner”) filed a petition for compensation (“Petition”)
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine
Act” or “Act”), as amended. The Petition alleges that petitioner received a tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccine in her left shoulder on April 30, 2012, and subsequently
suffered brachial neuritis, impingement syndrome, and frozen shoulder, as a result of the
vaccination. Respondent’s Rule 4(c) Report, filed on June 1, 2015, conceded that petitioner is
entitled to compensation in this case because her alleged injury is consistent with a shoulder injury
related to vaccine administration (“SIRVA”), no other cause for her condition has been identified,
and she has suffered the residual effects of her condition for more than six months. In light of
respondent’s concession, on June 21, 2015, the Chief Special Master found petitioner entitled to
compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$75,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

CCaassee 11::1155--vvvv--0000228833--UUNNJJ DDooccuummeenntt 2310 FFiilleedd 1013//2203//1156 PPaaggee 24 ooff 24
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $75,000.00 in the form of a check payable to petitioner.1
Petitioner agrees.
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
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
s/ Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: November 20, 2015
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.
2

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-00283-2
Date issued/filed: 2016-05-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/29/2015) regarding 27 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00283-UNJ Document 31 Filed 05/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-283V
Filed: December 29, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RITA GLYNN, *
*
Petitioner, * Attorneys’ Fees and Costs; Stipulation;
* Special Processing Unit (“SPU”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Randall G. Knutson, Knutson and Casey Law Firm, Mankato, MN, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On March 19, 2015, petitioner, Rita Glynn, 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 alleged that as a result of a tetanus-diphtheria-
acellular pertussis [“Tdap”] vaccination on April 30, 2012, she suffered brachial neuritis,
an impingement syndrome, and frozen shoulder. Petition at 1. On November 20, 2015,
the undersigned issued a decision awarding compensation to petitioner based on
respondent’s proffer.
On December 28, 2015, the parties filed a Stipulation of Facts Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $12,044.86. In accordance with General Order #9, petitioner’s counsel
represents that petitioner incurred no out-of-pocket expenses.
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-00283-UNJ Document 31 Filed 05/02/16 Page 2 of 2
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $12,044.863 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel,
Randall G. Knutson, Esq.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 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.
2