VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00783
Package ID: USCOURTS-cofc-1_15-vv-00783
Petitioner: Teresa Cook
Filed: 2015-07-24
Decided: 2017-12-11
Vaccine: influenza
Vaccination date: 2014-10-21
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Teresa Cook filed a petition for compensation under the National Vaccine Injury Compensation Program on July 24, 2015. She alleged that an influenza vaccination received on October 21, 2014, 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 on May 5, 2017, conceding that the petitioner was entitled to compensation. The respondent agreed that the petitioner's alleged injury was consistent with SIRVA and met the "Althen requirements" for causation. Furthermore, the respondent stated that no other cause for the petitioner's condition had been identified and that the petitioner had suffered residual effects for more than six months, satisfying the statutory requirements for compensation. Based on the respondent's concession and the evidence presented, Chief Special Master Nora Beth Dorsey found Teresa Cook entitled to compensation. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Maximillian J. Muller represented the petitioner, and Jennifer Leigh Reynaud represented the respondent.

Theory of causation field:
Petitioner Teresa Cook received an influenza vaccination on October 21, 2014. She alleged this vaccination caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and met the "Althen requirements" for causation, stating no other cause was identified and the injury resulted in residual effects for more than six months. The theory of causation is "Off-Table." The public decision does not name specific experts or detail the mechanism of injury. Chief Special Master Nora Beth Dorsey ruled on entitlement on December 11, 2017, based on the respondent's concession. Petitioner counsel was Maximillian J. Muller, and respondent counsel was Jennifer Leigh Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00783-0
Date issued/filed: 2017-12-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/08/2017) regarding 42 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00783-UNJ Document 52 Filed 12/11/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-783V
Filed: May 8, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TERESA COOK, *
*
Special Processing Unit (“SPU”);
Petitioner, *
Ruling on Entitlement;
v. *
Concession;
*
Influenza (“Flu”) Vaccination;
SECRETARY OF HEALTH *
Shoulder Injury Related to
AND HUMAN SERVICES, *
Vaccine Administration ("SIRVA")
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 24, 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 alleges that the influenza (“flu”) vaccination she received on October
21, 2014 caused her to suffer a shoulder injury. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On May 5, 2017, respondent filed his Rule 4(c) Report in which he concedes that
petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, “DICP3 believes that petitioner’s alleged injury is consistent with shoulder
injury related to vaccine administration (“SIRVA”). As such, DICP agrees that
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. 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).
3 The Division of Injury Compensation Programs (“DICP”) at the Department of Health and Human
Services. Respondent’s Report at 1.

Case 1:15-vv-00783-UNJ Document 52 Filed 12/11/17 Page 2 of 2
petitioner’s claim satisfies the Althen requirements and that her alleged injury was
caused-in-fact by a vaccination.” Id. at 4. Respondent further agrees that “[n]o other
cause for petitioner’s condition has been identified. . . . [and] [b]ased on the medical
records outlined above, petitioner has met the statutory requirements by suffering the
residual effects of her condition for more than six months.” Id. at 4-5. Accordingly,
respondent indicates that “based on the record as it now stands, petitioner has satisfied
all legal prerequisites for compensation under the Act.” Id. at 5.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2