VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00530
Package ID: USCOURTS-cofc-1_15-vv-00530
Petitioner: MaryAnn Story
Filed: 2015-05-26
Decided: 2016-01-13
Vaccine: influenza
Vaccination date: 2014-11-20
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 105275

AI-assisted case summary:
MaryAnn Story filed a petition for compensation under the National Vaccine Injury Compensation Program on May 26, 2015, alleging she suffered an injury to her right shoulder as a result of an influenza vaccine administered on November 20, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Story was entitled to compensation. The respondent concluded that Ms. Story's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused in fact by the flu vaccine she received. The respondent also determined that Ms. Story met the statutory requirements for entitlement, including having suffered the sequela of her injury for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 21, 2015, finding Ms. Story entitled to compensation. Subsequently, on November 13, 2015, the parties filed a proffer on the award of compensation. The respondent proffered that Ms. Story should be awarded $105,275.00, representing all elements of compensation available under the Vaccine Act, and Ms. Story agreed with this proffered award. Chief Special Master Dorsey issued a decision on January 13, 2016, awarding Ms. Story a lump sum payment of $105,275.00, payable by check to MaryAnn Story, as compensation for all damages. On November 17, 2015, the parties filed a stipulation concerning attorneys' fees and costs. They stipulated to an award of $14,750.00, with petitioner's counsel representing that Ms. Story incurred no out-of-pocket expenses. Chief Special Master Dorsey approved this request in a decision issued on January 19, 2016, awarding the total of $14,750.00 as a lump sum in the form of a check jointly payable to petitioner MaryAnn Story and her counsel, Andrew D. Downing. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the medical expert witnesses involved in this case.

Theory of causation field:
Petitioner MaryAnn Story alleged a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 20, 2014. The respondent conceded entitlement, finding the injury consistent with SIRVA and caused in fact by the vaccine. The theory of causation is based on the Vaccine Injury Table (SIRVA). The respondent's Rule 4(c) report, filed October 20, 2015, supported entitlement. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on October 21, 2015. A proffer on award of compensation was filed November 13, 2015, agreeing to a lump sum of $105,275.00 for all damages, which was awarded by decision on January 13, 2016. Attorneys' fees and costs were stipulated at $14,750.00 and approved by decision on January 19, 2016. Petitioner was represented by Andrew Downing of Van Cott & Talamante, PLLC, and respondent was represented by Sarah Duncan of the U.S. Department of Justice. The public text does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00530-0
Date issued/filed: 2015-11-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/21/2015) regarding 21 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00530-UNJ Document 26 Filed 11/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0530V
Filed: October 21, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARYANN STORY, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccine; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”) Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Sarah Duncan, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT
Dorsey, Chief Special Master:
On May 26, 2015, MaryAnn Story (”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 an injury to
her right shoulder as a result of an influenza (“flu”) vaccine administered on November
20, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 20, 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 has concluded that petitioner’s alleged injury
is consistent with a shoulder injury related to vaccine administration (“SIRVA”), and that
it was caused in fact by the flu vaccine she received on November 20, 2014. Id. at 5-6.
Respondent also concluded, based on the medical records, that petitioner met the
1 Because this unpublished ruling 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-00530-UNJ Document 26 Filed 11/17/15 Page 2 of 2
statutory requirements for entitlement to compensation, including having suffered the
sequela of her injury for more than six months. Id. at 6.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00530-1
Date issued/filed: 2016-01-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/13/2015) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00530-UNJ Document 33 Filed 01/13/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0530V
Filed: November 13, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARYANN STORY, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Sarah Duncan, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION AWARDING DAMAGES
Dorsey, Chief Special Master:
On May 26, 2015, MaryAnn Story (”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 she suffered an injury to
her right shoulder as a result of an influenza (“flu”) vaccine administered on November
20, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 21, 2015, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a Shoulder Injury Related to Vaccine Administration
(“SIRVA”). On November 13, 2015, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $105,275.00. Proffer
at 1. In the Proffer, respondent represented that petitioner agrees with the proffered
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-00530-UNJ Document 33 Filed 01/13/16 Page 2 of 4
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 $105,275.00 in the form of a check payable to
petitioner, MaryAnn Story. 3 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 “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.” Proffer at 1, fn. 1.
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.

Case 1:15-vv-00530-UNJ Document 33 Filed 01/13/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARYANN STORY, )
)
Petitioner, )
) No. 15-0530V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$105,275.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $105,275.00, in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
1 Should petitioner die prior to the 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-00530-UNJ Document 33 Filed 01/13/16 Page 4 of 4
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/ Sarah C. Duncan
Sarah C. Duncan
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) 514-9729
Fax: (202) 616-4310
Date: November 13, 2015
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_15-vv-00530-2
Date issued/filed: 2016-01-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/17/2015) regarding 29 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00530-UNJ Document 34 Filed 01/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0530V
Filed: November 17, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARYANN STORY, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Sarah Duncan, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION ON ATTORNEYS’ FEES AND COSTS
Dorsey, Chief Special Master:
On May 26, 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”). Petitioner alleged that she suffered an injury to her right shoulder as a result of
an influenza vaccine administered on November 20, 2014. On November 13, 2015, the
undersigned issued a decision awarding compensation to petitioner based on
respondent’s proffer.
On November 17, 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-00530-UNJ Document 34 Filed 01/19/16 Page 2 of 2
award of $14,750.00. In accordance with General Order #9, petitioner’s counsel
represents that petitioner 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 $14,750.00 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Andrew D. Downing.
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.