VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00897
Package ID: USCOURTS-cofc-1_15-vv-00897
Petitioner: Emily Dworkin
Filed: 2015-11-17
Decided: 2016-04-27
Vaccine: influenza
Vaccination date: 2014-10-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 64633

AI-assisted case summary:
Emily Dworkin filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2015, alleging that an influenza vaccine received on October 14, 2014, caused her to suffer a shoulder injury. The respondent, the Secretary of Health and Human Services, conceded that the injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused by the flu vaccine. The respondent did not identify any other cause for the injury, and records indicated the sequelae lasted for more than six months. Based on this concession and the evidence, the court found Emily Dworkin entitled to compensation. A decision on January 19, 2016, awarded her a lump sum of $60,000.00 for all damages. Subsequently, on April 27, 2016, the parties filed a stipulation for attorney fees and costs. The court awarded $4,633.07 for attorney's fees and costs, making the total compensation awarded $64,633.07.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00897-0
Date issued/filed: 2016-01-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/17/2015) regarding 16 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-00897-UNJ Document 25 Filed 01/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0897V
Filed: November 17, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
EMILY DWORKIN, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Gordon E. Shemin, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES
Dorsey, Chief Special Master:
On August 19, 2015, Emily Dworkin (“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 October 14, 2014, caused her to suffer a shoulder
injury. See generally Petition. The case was assigned to the Special Processing Unit
(“SPU”) of the Office of Special Masters.
On November 16, 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 October 14, 2014. Id. at 3. Additionally, respondent did not identify any other cause
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-00897-UNJ Document 25 Filed 01/19/16 Page 2 of 2
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 $60,000.00 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
$60,000.00 in the form of a check payable to petitioner, Emily Dworkin. 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-00897-1
Date issued/filed: 2016-04-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/09/2015) regarding 22 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00897-UNJ Document 26 Filed 04/27/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-897V
Filed: December 9, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
EMILY DWORKIN, *
*
Petitioner, *
v. * Attorney Fees and Costs; Stipulation
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On August 19, 2015, Emily Dworkin (“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 October 14, 2014, caused her to suffer a shoulder
injury. See generally Petition. On November 17, 2015, a decision awarding
compensation to petitioner based on the parties’ stipulation was issued.
On December 9, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $4,633.07 for attorney’s fees and costs. In compliance with General Order #9,
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-00897-UNJ Document 26 Filed 04/27/16 Page 2 of 2
petitioner filed a statement indicating petitioner incurred no out-of-pocket expenses in
this case.3
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). The proposed amount is reasonable.
Accordingly, I award the total of $4,633.074 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Danielle Strait.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Petitioner’s counsel also represented that petitioner incurred no out-of-pocket expenses. Stipulation, ¶
3.
4 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).
5 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