VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00751
Package ID: USCOURTS-cofc-1_15-vv-00751
Petitioner: Allison Holland
Filed: 2015-07-17
Decided: 2016-09-21
Vaccine: quadrivalent influenza
Vaccination date: 2014-10-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 76716

AI-assisted case summary:
Allison Holland filed a petition for compensation under the National Vaccine Injury Compensation Program on July 17, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a quadrivalent influenza vaccination received on October 1, 2014. The case was assigned to the Special Processing Unit. On October 16, 2015, respondent conceded that the evidence established that petitioner's left shoulder injury was caused by the flu vaccine and that the injury was not due to unrelated factors, satisfying the statutory sequela requirement. Based on this concession, the Chief Special Master ruled in favor of petitioner's entitlement to compensation. Subsequently, on November 4, 2015, respondent filed a proffer for an award of compensation in the amount of $74,046.40, which petitioner agreed to. The decision on damages awarded this lump sum payment. Later, on November 9, 2015, the parties filed a stipulation for attorney fees and costs, agreeing to an award of $2,669.60. The final decision on attorney fees and costs awarded this amount, jointly payable to petitioner and her counsel. The total compensation awarded was $76,716.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00751-0
Date issued/filed: 2015-12-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/05/2015) regarding 17 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00751-UNJ Document 25 Filed 12/28/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-751V
Filed: November 5, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALLISON HOLLAND, *
*
Petitioner, * Damages Decision Based on Proffer;
* Quadrivalent Influenza Vaccine;
* Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration (SIRVA);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Nicholas Bunch, White, Getgey & & Meyer, Cincinnati, OH, for petitioner.
Ann Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 17, 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 quadrivalent influenza vaccination
she received on October 1, 2014. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 20, 2015, the undersigned issued a ruling on entitlement in favor of
petitioner. On November 4, 2015, respondent filed a proffer on award of compensation
[“Proffer”] stating that petitioner should be awarded a lump sum in the amount of
$74,046.40. Proffer at 2. 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.
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-00751-UNJ Document 25 Filed 12/28/15 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $74,046.40 in the form of a check payable to
petitioner, Allison Holland. 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

CCaassee 11::1155--vvvv--0000775511--UUNNJJ DDooccuummeenntt 1265 FFiilleedd 1112//0248//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ALLISON HOLLAND, )
)
Petitioner, )
) No. 15-751V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$74,046.40, 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
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $74,046.40 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
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 pain and
suffering.

CCaassee 11::1155--vvvv--0000775511--UUNNJJ DDooccuummeenntt 1265 FFiilleedd 1112//0248//1155 PPaaggee 24 ooff 24
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
s/ ANN D. MARTIN
ANN D. MARTIN
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: November 4, 2015

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00751-1
Date issued/filed: 2016-01-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/09/2015) regarding 22 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00751-UNJ Document 26 Filed 01/13/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-751V
Filed: November 9, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALLISON HOLLAND, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Nicholas Bunch, White, Getgey & & Meyer, Cincinnati, OH, for petitioner.
Ann Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On July 17, 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 quadrivalent influenza vaccination
she received on October 1, 2014. Petition at 1. On November 5, 2015, I issued a
decision awarding compensation to petitioner based on respondent’s proffer to which
petitioner agreed. Proffer at 1.
On November 9, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. The parties stipulate to an award of $2,669.60 in attorneys’
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-00751-UNJ Document 26 Filed 01/13/16 Page 2 of 2
fees and costs. In accordance with General Order #9, petitioner’s counsel represents
that petitioner incurred no out-of-pocket expenses. Stipulation, ¶ 2(b).
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total $2,669.603 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Nicholas Bunch.
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

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_15-vv-00751-2
Date issued/filed: 2016-09-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/20/2015) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00751-UNJ Document 27 Filed 09/21/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-751V
Filed: October 20, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALLISON HOLLAND, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Quadrivalent Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Nicholas Bunch, White, Getgey & & Meyer, Cincinnati, OH, for petitioner.
Ann Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 17, 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 quadrivalent influenza vaccination
she received on October 1, 2014. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 16, 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 a preponderance of
evidence establishes that the injury to petitioner’s left shoulder was caused-in-fact by
the administration of her October 1, 2014, flu vaccine, and that petitioner’s injury is not
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-00751-UNJ Document 27 Filed 09/21/16 Page 2 of 2
due to factors unrelated to the administration of the flu vaccine.” Id. at 3. Respondent
further agrees that “the statutory six month sequela requirement has been satisfied.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2