VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00686
Package ID: USCOURTS-cofc-1_15-vv-00686
Petitioner: Wendy Norris
Filed: 2015-07-01
Decided: 2016-05-06
Vaccine: influenza
Vaccination date: 2014-10-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 116850

AI-assisted case summary:
Wendy Norris filed a petition for compensation under the National Vaccine Injury Compensation Program on July 1, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 6, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 13, 2015, conceding that the alleged injury was consistent with SIRVA and was caused in fact by the influenza vaccine. The respondent also agreed that Ms. Norris had satisfied all legal prerequisites for compensation. Based on this concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 16, 2015, finding Ms. Norris entitled to compensation. Subsequently, on December 18, 2015, the parties filed a proffer on award of compensation. The respondent proposed an award of $116,850.48, representing compensation for all damages available under the Act. Ms. Norris agreed with this proffered award. Chief Special Master Dorsey issued a decision on December 18, 2015, awarding Ms. Norris a lump sum of $116,850.48, payable by check to her. This award covered all elements of compensation under 42 U.S.C. § 300aa-15(a). Later, on February 11, 2016, the parties filed a stipulation concerning attorneys' fees and costs. They agreed to an award of $14,287.17 for attorneys' fees and costs, with Ms. Norris's counsel representing that Ms. Norris incurred no out-of-pocket expenses. Chief Special Master Dorsey issued a decision on February 12, 2016, granting this request and awarding the stipulated amount of $14,287.17, payable jointly to Ms. Norris and her counsel, Andrew Downing. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Wendy Norris alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 6, 2014. The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the vaccine. The Special Master accepted this concession and found petitioner entitled to compensation. The case proceeded to an award based on a proffer. Petitioner was awarded a lump sum of $116,850.48 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were awarded separately in the amount of $14,287.17, jointly payable to petitioner and her counsel, Andrew Downing. Chief Special Master Nora Beth Dorsey presided over the entitlement ruling and the subsequent decisions on damages and fees. The theory of causation was based on the respondent's concession, aligning with the Vaccine Injury Table for SIRVA. The public decision does not detail specific medical experts or the mechanism of injury beyond the concession.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00686-0
Date issued/filed: 2016-04-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/16/2015) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00686-UNJ Document 29 Filed 04/27/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-686V
Filed: November 16, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
WENDY NORRIS, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Esq., Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Camille Collett, Esq., U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 1, 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 alleges that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) resulting from the influenza vaccination she received
on October 6, 2014. Petition at 11. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On November 13, 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 “believes that the alleged injury is consistent
with a shoulder injury related to vaccine administration (“SIRVA”) and it was caused in
fact by the influenza vaccine she received on October 6, 2014.” Id. at 5. Respondent
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-00686-UNJ Document 29 Filed 04/27/16 Page 2 of 2
further agrees that “based on the record as it now stands, petitioner has satisfied all
legal prerequisites for compensation under the Act.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00686-1
Date issued/filed: 2016-04-27
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 12/18/2015) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00686-UNJ Document 30 Filed 04/27/16 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0686V
Filed: December 18, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
WENDY NORRIS, *
*
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, Esq., Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Camille Collett, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 1, 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 alleges that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) resulting from the influenza vaccination she received
on October 6, 2014. Petition at 11. The case was assigned to the Special Processing
Unit (“SPU”) of the Office of Special Masters.
On November 16, 2015, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a Shoulder Injury Related to Vaccine Administration
(“SIRVA”). On December 18, 2015, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $116,850.48. 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-00686-UNJ Document 30 Filed 04/27/16 Page 2 of 6
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 $116,850.48 in the form of a check payable to
petitioner, Wendy Norris. 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.

CCaassee 11::1155--vvvv--0000668866--UUNNJJ DDooccuummeenntt 2300 FFiilleedd 1024//1287//1156 PPaaggee 13 ooff 26
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
WENDY NORRIS,
Petitioner,
v. No. 15-686V
Chief Special Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 13, 2015, respondent filed a Rule 4(c) Report in which she conceded
entitlement. On November 16, 2015, the Court issued a Ruling on Entitlement, finding that
petitioner is entitled to compensation. Respondent now proffers that petitioner receive an award
of a lump sum of $116,850.48 in the form of a check payable to petitioner. This amount
represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to
which petitioner is entitled.1 This proffer does not address final attorneys’ fees and litigation
costs. Petitioner is additionally entitled to reasonable attorneys’ fees and litigation costs, to be
determined at a later date upon petitioner submitting substantiating documentation.
Petitioner agrees with the proffered award of $116,850.48 as representing all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
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

CCaassee 11::1155--vvvv--0000668866--UUNNJJ DDooccuummeenntt 2300 FFiilleedd 1024//1287//1156 PPaaggee 24 ooff 26
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
DATE: December 18, 2015
2

CCaassee 11::1155--vvvv--0000668866--UUNNJJ DDooccuummeenntt 2300 FFiilleedd 1024//1287//1156 PPaaggee 15 ooff 26
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
WENDY NORRIS,
Petitioner,
v. No. 15-686V
Chief Special Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 13, 2015, respondent filed a Rule 4(c) Report in which she conceded
entitlement. On November 16, 2015, the Court issued a Ruling on Entitlement, finding that
petitioner is entitled to compensation. Respondent now proffers that petitioner receive an award
of a lump sum of $116,850.48 in the form of a check payable to petitioner. This amount
represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to
which petitioner is entitled.1 This proffer does not address final attorneys’ fees and litigation
costs. Petitioner is additionally entitled to reasonable attorneys’ fees and litigation costs, to be
determined at a later date upon petitioner submitting substantiating documentation.
Petitioner agrees with the proffered award of $116,850.48 as representing all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
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

CCaassee 11::1155--vvvv--0000668866--UUNNJJ DDooccuummeenntt 2300 FFiilleedd 1024//1287//1156 PPaaggee 26 ooff 26
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
DATE: December 18, 2015
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_15-vv-00686-2
Date issued/filed: 2016-05-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/12/2016) regarding 26 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00686-UNJ Document 31 Filed 05/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-686V
Filed: February 12, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
WENDY NORRIS, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Esq., Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Camille Collett, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On July 1, 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 she suffered a shoulder injury related to
vaccine administration (“SIRVA”) resulting from the influenza vaccination she received
on October 6, 2014. Petition at 11. On December 18, 2015, the undersigned issued a
decision awarding compensation to petitioner based on respondent’s proffer.
On February 11, 2016, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award to petitioner of attorneys’ fees and costs in the amount of $ 14,287.17. In
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, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioners have 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 (2012).

Case 1:15-vv-00686-UNJ Document 31 Filed 05/06/16 Page 2 of 2
accordance with General Order #9, petitioner’s counsel represented that petitioner
incurred no out-of-pocket expenses. Stipulation, filed Feb. 11, 2016, at ¶ 4.
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 $ 14,287.17,3 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel,
Andrew 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 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2