VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00320
Package ID: USCOURTS-cofc-1_15-vv-00320
Petitioner: Angela Waters
Filed: 2015-03-27
Decided: 2015-10-20
Vaccine: influenza
Vaccination date: 2013-10-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95230

AI-assisted case summary:
Angela Waters filed a petition on March 27, 2015, alleging that an influenza vaccination administered on October 22, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a report on June 3, 2015, conceding that the petitioner's injury was consistent with a SIRVA and was not due to factors unrelated to the vaccination. The respondent concluded that the petitioner's left shoulder injury was compensable under the National Vaccine Injury Compensation Program. On June 4, 2015, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement, finding Ms. Waters entitled to compensation based on the respondent's concession and the evidence presented. Subsequently, on September 24, 2015, the respondent filed a proffer agreeing to an award of $95,230.17 for all damages. Chief Special Master Nora Beth Dorsey issued a decision on October 20, 2015, awarding Ms. Waters a lump sum payment of $95,230.17, payable by check to the petitioner. This award represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). On November 9, 2015, the parties filed a stipulation concerning attorneys' fees and costs. On January 13, 2016, Chief Special Master Dorsey issued a decision awarding $13,179.80 for attorneys' fees and costs, payable by check jointly to the petitioner and her counsel, Alison H. Haskins. Petitioner was represented by Alison H. Haskins of Maglio Christopher and Toale, PA, and respondent was represented by Justine E. Walters of the U.S. Department of Justice.

Theory of causation field:
Petitioner Angela Waters alleged that an influenza vaccination on October 22, 2013, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was vaccine-related and compensable, finding it consistent with SIRVA and not due to unrelated factors. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the diagnosis of SIRVA. Chief Special Master Denise Kathryn Vowell ruled on entitlement on June 4, 2015. Subsequently, Chief Special Master Nora Beth Dorsey awarded $95,230.17 for all damages on October 20, 2015, based on respondent's proffer, and an additional $13,179.80 for attorneys' fees and costs on January 13, 2016. Petitioner was represented by Alison H. Haskins, and respondent by Justine E. Walters.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00320-0
Date issued/filed: 2015-06-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/04/2015) regarding 13 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00320-UNJ Document 15 Filed 06/25/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0320V
Filed: June 4, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANGELA WATERS, *
*
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. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Justine E. Walters, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT
Vowell, Chief Special Master:
On March 27, 2015, Angela Waters 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 October 22, 2013, petitioner suffered a shoulder injury related to vaccine
administration (“SIRVA”). The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On June 3, 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-00320-UNJ Document 15 Filed 06/25/15 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 October 22, 2013, flu vaccination.” Id.
at 3. Respondent stated that “in light of the information contained in petitioner’s medical
records and affidavits, [she] has concluded that petitioner’s left shoulder injury is
compensable as a ‘caused-in-fact’ injury under the [Vaccine] Act.” Id. at 4.
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-00320-1
Date issued/filed: 2015-10-20
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/24/2015) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00320-UNJ Document 26 Filed 10/20/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-320V
Filed: September 24, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANGELA WATERS, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza or Flu Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Esq., Maglio Christopher and Toale, PA, (FL) Sarasota, FL,
for petitioner.
Justine Walters, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 27, 2015, Angela Waters 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 October 22, 2013, petitioner suffered a shoulder injury related to vaccine
administration (“SIRVA”). The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On June 4, 2015, a ruling on entitlement finding petitioner entitled to
compensation was issued. On September 24, 2015, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded a payment of
$95,230.17. Proffer at 2.
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 (2006).

Case 1:15-vv-00320-UNJ Document 26 Filed 10/20/15 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $95,230.17 in the form of a check payable to petitioner.
These amounts represent 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
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::1155--vvvv--0000332200--UUNNJJ DDooccuummeenntt 2216 FFiilleedd 0190//2240//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ANGELA WATERS, )
)
Petitioner, )
)
v. ) No. 15-320V
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND ) SPU
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 27, 2015, petitioner, Angela Waters, filed a petition for compensation under
the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10 to -34 (“Vaccine Act”),
alleging that she suffered from a left shoulder injury as a result of receiving an influenza
vaccination in her left arm on October 22, 2013. On June 3, 2015, respondent filed her Rule 4(c)
Report stating that petitioner’s left arm injury is consistent with a shoulder injury related to
vaccine administration (“SIRVA”). Respondent conceded that petitioner’s SIRVA is
compensable under the Vaccine Act. Accordingly, on June 4, 2015, Special Master Vowell
issued a Ruling on Entitlement finding that petitioner is entitled to compensation for SIRVA.
For the purposes of this proffer, the term “vaccine-related” is as described in Respondent’s Rule
4(c) Report filed on June 3, 2015.

CCaassee 11::1155--vvvv--0000332200--UUNNJJ DDooccuummeenntt 2216 FFiilleedd 0190//2240//1155 PPaaggee 24 ooff 24
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$95,230.17, which represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $95,230.17 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
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
s/ Justine Walters
JUSTINE WALTERS
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) 307-6393
DATE: September 24, 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 lost earnings, and future pain and suffering.
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_15-vv-00320-2
Date issued/filed: 2016-01-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/09/2015) regarding 29 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00320-UNJ Document 32 Filed 01/13/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0320V
Filed: November 9, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANGELA WATERS, *
*
Petitioners, *
v. *
* Attorneys’ Fees and Costs; Stipulation;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Justine E. Walters, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION ON ATTORNEYS’ FEES AND COSTS
Dorsey, Chief Special Master:
On March 27, 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 alleged that as a result of an influenza
vaccination on October 22, 2013, she suffered a shoulder injury related to vaccine
administration (“SIRVA”). On September 24, 2015, the undersigned issued a decision
awarding compensation to petitioner based on respondent’s proffer.
On November 9, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
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-00320-UNJ Document 32 Filed 01/13/16 Page 2 of 2
award of $13,179.80. In accordance with General Order #9, petitioner submitted an
affidavit stating that she incurred no out-of-pocket expenses.
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.
3
Accordingly, the undersigned awards the total of $13,179.80 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel,
Alison H. Haskins.
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.