VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00322
Package ID: USCOURTS-cofc-1_15-vv-00322
Petitioner: Beatrice Thomure
Filed: 2015-03-30
Decided: 2015-11-23
Vaccine: influenza
Vaccination date: 2013-10-01
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 103000

AI-assisted case summary:
Beatrice Thomure filed a petition for compensation under the National Vaccine Injury Compensation Program on March 30, 2015, alleging that she suffered a brachial plexus injury as a result of an influenza vaccination on October 1, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on July 6, 2015, conceding that Ms. Thomure was entitled to compensation. While the respondent disagreed with the petitioner's characterization of the injury as brachial plexus, they concluded, based on the preponderance of the medical evidence, that the petitioner suffered a Shoulder Injury Related to Vaccine Administration (SIRVA). This concession was limited to SIRVA and its appropriate sequelae. On July 6, 2015, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement, finding the petitioner entitled to compensation based on the respondent's concession and the evidence presented. Subsequently, on October 30, 2015, the respondent filed a Proffer of Damages, indicating that the petitioner should be awarded $101,454.00 for actual and projected pain and suffering, and $1,546.00 for unreimbursed expenses. The parties agreed that the petitioner's vaccine-related injury had not impaired her earning capacity, and therefore, no lost wages were awarded. On November 23, 2015, Chief Special Master Nora Beth Dorsey issued a decision awarding damages based on this proffer. The total award was $103,000.00, consisting of a lump sum payment of $101,454.00 for pain and suffering and $1,546.00 for unreimbursed expenses. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner was represented by Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and respondent was represented by Alexis Babcock of the U.S. Department of Justice.

Theory of causation field:
Petitioner Beatrice Thomure alleged a brachial plexus injury following an influenza vaccination on October 1, 2013. The respondent conceded entitlement to compensation for a Shoulder Injury Related to Vaccine Administration (SIRVA), disagreeing with the petitioner's specific injury characterization. The case proceeded as a Table claim. The Special Processing Unit (SPU) was assigned. Chief Special Master Denise Kathryn Vowell ruled on entitlement on July 6, 2015, based on the respondent's concession of SIRVA. Chief Special Master Nora Beth Dorsey issued a damages decision on November 23, 2015, based on a stipulation. The award totaled $103,000.00, comprising $101,454.00 for pain and suffering and $1,546.00 for unreimbursed expenses. Lost wages were not awarded as earning capacity was not impaired. The public text does not detail the specific mechanism of injury, medical experts, or specific clinical findings beyond the SIRVA diagnosis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00322-0
Date issued/filed: 2015-07-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/06/2015) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00322-UNJ Document 16 Filed 07/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0322V
Filed: July 6, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BEATRICE THOMURE, *
*
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 Faga, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT
Vowell, Chief Special Master:
On March 30, 2015, Beatrice Thomure 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 1, 2013, petitioner suffered a brachial plexus injury. Petition at
1. The case was assigned to the Special Processing Unit (“SPU”) of the Office of
Special Masters.
On July 6, 2015, respondent filed her Rule 4(c) Report [“Res. Report”], in which
she concedes that petitioner is entitled to compensation in this case. Resp. Report at 3.
Respondent disagrees that petitioner suffered a vaccine-related “brachial plexus” injury;
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-00322-UNJ Document 16 Filed 07/27/15 Page 2 of 2
however, she has concluded, based on the preponderance of the medical evidence,
that petitioner suffered a Shoulder Injury Related to Vaccine Administration [“SIRVA”]
and should receive compensation for that injury. Id. Respondent’s concession is
limited to SIRVA and appropriate sequelae. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00322-1
Date issued/filed: 2015-11-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/02/2015) regarding 21 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00322-UNJ Document 25 Filed 11/23/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0322V
Filed: November 2, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BEATRICE THOMURE, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“flu”) vaccine; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION AWARDING DAMAGES
Dorsey, Chief Special Master:
On March 30, 2015, Beatrice Thomure (“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”). The petition alleges that as a
result of an influenza (“flu”) vaccination on October 1, 2013, petitioner suffered a
brachial plexus injury. The case was assigned to the Special Processing Unit (“SPU”)
of the Office of Special Masters.
On July 6, 2015, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a Shoulder Injury Related to Vaccine Administration (“SIRVA”). On
October 30, 2015, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $101,454.00 in actual and projected pain and
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-00322-UNJ Document 25 Filed 11/23/15 Page 2 of 4
suffering, and $1,546.00 in unreimbursed expenses. Proffer at 1. Lost wages were not
awarded. Id. In the Proffer, respondent represented that petitioner agrees with the
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 $103,000.00 in the form of a check payable to
petitioner, Beatrice Thomure. The payment consists of $101,454.00 in past and
future pain and suffering, and $1,546.00 in past unreimbursed expenses. 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

Case 1:15-vv-00322-UNJ Document 25 Filed 11/23/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
BEATRICE THOMURE, )
)
Petitioner, )
) No. 15-322
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on July 6, 2015. This proffer contains all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $101,454.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
B. Past Unreimbursed Expenses
Petitioner has submitted documentation for $1,546.00 in unreimbursed expenses in this
case, to which respondent has no objection. Thus respondent proffers that petitioner should be
awarded $1,546.00 for past unreimbursed expenses. Petitioner agrees.
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.
1

Case 1:15-vv-00322-UNJ Document 25 Filed 11/23/15 Page 4 of 4
C. Lost Wages
The parties agree that based upon the evidence of record, petitioner’s vaccine-related
injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner
should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(3)(A). 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 $103,000.00 in the form of a check payable to petitioner. The
payment consists of $101,454.00 in past and future pain and suffering, and $1,546.00 in past
unreimbursed expenses.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Tort Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: October 30, 2015 Telephone: (202) 616-7678
2