VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00665
Package ID: USCOURTS-cofc-1_15-vv-00665
Petitioner: Tori Ricker
Filed: 2015-11-13
Decided: 2016-01-13
Vaccine: influenza
Vaccination date: 2013-09-23
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Tori Ricker filed a petition for compensation under the National Vaccine Injury Compensation Program on November 13, 2015, alleging that the influenza vaccine she received on September 23, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on Damages on November 12, 2015, conceding that Ms. Ricker was entitled to compensation. The respondent agreed that her alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine administered on September 23, 2013. The respondent did not identify any other cause for the injury, and the records indicated that the sequelae of the injury lasted for more than six months. Based on this concession and the evidence of record, the respondent proffered an award of $100,000.00 for all damages. Chief Special Master Nora Beth Dorsey found that Ms. Ricker was entitled to compensation and awarded her a lump sum of $100,000.00, payable to Ms. Ricker, representing compensation for all damages available under the Act. Subsequently, on February 5, 2016, the parties filed a stipulation for attorneys' fees and costs. Chief Special Master Dorsey issued a decision on May 5, 2016, awarding $13,433.93 in attorneys' fees and costs, jointly payable to Ms. Ricker and her counsel, Alison H. Haskins of Maglio Christopher and Toale, PA. Jennifer L. Reynaud of the U.S. Department of Justice represented the respondent.

Theory of causation field:
Petitioner Tori Ricker received an influenza vaccine on September 23, 2013. She alleged this vaccine caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement to compensation, agreeing that the injury was consistent with SIRVA and caused in fact by the vaccine. No other cause was identified by the respondent, and the injury's sequelae lasted over six months. The case proceeded based on this concession. Chief Special Master Nora Beth Dorsey awarded $100,000.00 for all damages. Attorneys' fees and costs were subsequently stipulated and awarded as $13,433.93, jointly payable to petitioner and counsel Alison H. Haskins. Respondent's counsel was Jennifer L. Reynaud. The theory of causation was based on the respondent's concession and the "Table" category for SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00665-0
Date issued/filed: 2016-01-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/13/2015) regarding 19 Ruling on Entitlement, DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00665-UNJ Document 23 Filed 01/13/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0665V
Filed: November 13, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TORI RICKER, *
*
Petitioner, * Ruling on Entitlement; Damages
* Decision Based on Proffer;
* Concession; Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, * Administration (“SIRVA”); Special
* Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES
Dorsey, Chief Special Master:
On June 26, 2015, Tori Ricker (“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 the influenza (“flu”)
vaccination that she received on September 23, 2013, caused her to suffer a shoulder
injury. Petition at 1-5. The case was assigned to the Special Processing Unit (“SPU”)
of the Office of Special Masters.
On November 12, 2015, respondent filed a Rule 4(c) Report and Proffer on
Damages (“Report and Proffer”) in which she concedes that petitioner is entitled to
compensation in this case. Report and Proffer at 1. Specifically, respondent concluded
that petitioner’s alleged injury is consistent with shoulder injury related to vaccine
administration (“SIRVA”), and that it was caused in fact by the flu vaccine she received
on September 23, 2013. Id. at 3. Additionally, respondent did not identify any other
1 Because this unpublished ruling and 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-00665-UNJ Document 23 Filed 01/13/16 Page 2 of 2
cause for petitioner’s SIRVA, and records show that she has suffered the sequela of her
injury for more than six months. Id. Petitioner has therefore “satisfied all legal
prerequisites for compensation under the Act.” Id.
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $100,000.00 in compensation. Report and Proffer at 3. Respondent
represents that petitioner agrees with the proffered award. Id.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation. Further, based on
the record as a whole, the undersigned finds that petitioner is entitled to an award
as stated in Respondent’s Rule 4(c) Report and Proffer on Damages.
Pursuant to the terms stated in Respondent’s Rule 4(c) Report and Proffer on
Damages at 3, the undersigned awards petitioner a lump sum payment of
$100,000.00 in the form of a check payable to petitioner, Tori Ricker. 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
pain and suffering, and future lost wages.” Report and Proffer at 4, 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.

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00665-1
Date issued/filed: 2016-05-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/08/2016) regarding 26 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00665-UNJ Document 29 Filed 05/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0665V
Filed: February 8, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TORI RICKER, *
*
Petitioner, *
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.
Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On June 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 the influenza (“flu”) vaccination that she received on
September 23, 2013, caused her to suffer a shoulder injury. On November 13, 2015,
the undersigned issued a decision awarding compensation to petitioner based on
respondent’s proffer.
On February 5, 2016, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to an award of
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. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of
Electronic Government Services). 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-00665-UNJ Document 29 Filed 05/05/16 Page 2 of 2
$13,433.93. In accordance with General Order #9, petitioner filed a declaration stating
that she incurred no out-of-pocket expenses related to the litigation of this matter.
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 $13,433.933 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.
2