VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00296
Package ID: USCOURTS-cofc-1_15-vv-00296
Petitioner: Nadara Shives
Filed: 2015-03-23
Decided: 2015-10-20
Vaccine: influenza
Vaccination date: 2013-09-20
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
Nadara Shives filed a petition on March 23, 2015, alleging that an influenza vaccination on September 20, 2013, caused her to suffer a right shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report on June 11, 2015, conceding that the petitioner was entitled to compensation. Respondent concluded that the evidence established the petitioner's injury was consistent with SIRVA and was not due to factors unrelated to the vaccination, finding the injury compensable as a "caused-in-fact" injury under the Vaccine Act. On June 12, 2015, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement, finding Nadara Shives entitled to compensation based on respondent's concession and the evidence. Subsequently, on September 16, 2015, respondent filed a proffer on award of compensation, detailing a total lump sum of $120,000.00 for all elements of compensation. Petitioner agreed to this award. On October 20, 2015, Special Master Vowell issued a decision awarding Nadara Shives $120,000.00 as a lump sum payment in the form of a check payable to petitioner. Petitioner's counsel was Lauren E. Faga of Conway Homer & Chin-Caplan, P.C. Respondent's counsel was Glenn A. MacLeod of the U.S. Department of Justice.

Theory of causation field:
Petitioner Nadara Shives alleged that an influenza vaccine administered on September 20, 2013, caused a right shoulder injury related to vaccine administration (SIRVA). Respondent conceded that the injury was consistent with SIRVA and causally related to the vaccination, finding it compensable under the Vaccine Act. The Special Master, Denise Kathryn Vowell, issued a ruling on entitlement on July 8, 2015, finding petitioner entitled to compensation. A subsequent decision on October 20, 2015, awarded petitioner a lump sum of $120,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). The theory of causation was "Off-Table" as SIRVA is not specifically listed on the Vaccine Injury Table. Petitioner was represented by Lauren E. Faga, and respondent was represented by Glenn A. MacLeod.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00296-0
Date issued/filed: 2015-07-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/12/2015) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00296-UNJ Document 15 Filed 07/08/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0296V
Filed: June 12, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
NADARA SHIVES, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“flu”) Vaccine; Shoulder Injury
v. * Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
* (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lauren E. Faga, Conway Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT
Vowell, Chief Special Master:
On March 23, 2015, Nadara Shives 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 an influenza (“flu”)
vaccination on September 20, 2013, petitioner suffered a right shoulder injury related to
vaccine administration (“SIRVA”). The case was assigned to the Special Processing
Unit of the Office of Special Masters (“SPU”).
On June 11, 2015, respondent filed her Rule 4(c) report [“Respondent’s Report”],
in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Report at 4. Specifically, respondent “concluded that a preponderance of
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-00296-UNJ Document 15 Filed 07/08/15 Page 2 of 2
the evidence establishes that petitioner’s injury is consistent with a [SIRVA], and that
[the] injury is not due to factors unrelated to her September 20, 2013, flu vaccination.”
Id. at 3. Respondent stated that “in light of the information contained in petitioner’s
medical records, [she] has concluded that petitioner’s right shoulder injury is
compensable as a ‘caused-in-fact’ injury under the [Vaccine] 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
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00296-1
Date issued/filed: 2015-10-20
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/16/2015) regarding 19 DECISION Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00296-UNJ Document 25 Filed 10/20/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0296V
Filed: September 16, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
NADARA SHIVES, *
*
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“flu”) vaccine; Shoulder Injury
v. * Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
* (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lauren E. Faga, Conway Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES
1
Vowell, Special Master:
On March 23, 2015, Nadara Shives 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 alleged that as a result of an influenza (“flu”)
vaccination on September 20, 2013, petitioner suffered a right shoulder injury related to
vaccine administration (“SIRVA”). The case was assigned to the Special Processing
Unit of the Office of Special Masters (“SPU”).
On June 12, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation. On September 16, 2015, respondent filed a proffer on award of
compensation (“Proffer”) detailing compensation for all elements of compensation to
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with
Vaccine Rule 18(b), petitioners have 14 days to identify and move to delete 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 delete 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-00296-UNJ Document 25 Filed 10/20/15 Page 2 of 4
which petitioner would be entitled under §15(a). According to respondent’s Proffer,
petitioner agrees to the proposed award of compensation.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $120,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available
under §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-00296-UNJ Document 25 Filed 10/20/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
NADARA SHIVES, *
*
Petitioner, *
*
v. * No. 15-296V (ECF)
* SPECIAL MASTER
* DENISE K. VOWELL
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
Respondent filed her Vaccine Rule 4(c) Report on June 11, 2015, conceding that
petitioner was entitled to receive compensation for a shoulder injury related to vaccine
administration (“SIRVA”), which was caused by the flu vaccination she received on September
20, 2013. On July 8, 2015, the Special Master issued a decision finding that a preponderance of
the medical evidence established that petitioner’s SIRVA injury was causally related to the flu
vaccination she received on September 20, 2013. The parties proceeded thereafter to address the
amount of compensation to be awarded in this case.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a total lump sum of $120,000.00, which amount represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

Case 1:15-vv-00296-UNJ Document 25 Filed 10/20/15 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $120,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
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/ GLENN A. MACLEOD
GLENN A. MACLEOD
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) 616-4122
DATE: September 16, 2015
2