VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00948
Package ID: USCOURTS-cofc-1_15-vv-00948
Petitioner: Alexander Rydell
Filed: 2015-08-31
Decided: 2016-05-12
Vaccine: influenza
Vaccination date: 2015-01-07
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 121022

AI-assisted case summary:
Alexander Rydell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered pain in his right shoulder after receiving an influenza vaccine on January 7, 2015. The case was assigned to the Special Processing Unit. Respondent conceded entitlement, concluding that the shoulder injury was caused-in-fact by the flu vaccine and was compensable under the Act. A ruling on entitlement was issued on December 17, 2015, finding petitioner entitled to compensation. Subsequently, on March 15, 2016, respondent filed a proffer on award of compensation, stating that petitioner should be awarded $121,022.56 for pain and suffering, unreimbursed medical expenses, and lost wages. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages on May 12, 2016, granting a lump sum payment of $121,022.56 to Alexander Rydell.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00948-0
Date issued/filed: 2016-04-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/172015) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00948-UNJ Document 26 Filed 04/27/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-948V
Filed: December 17, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALEXANDER RYDELL, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 31, 2015, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Act, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine
Act”]. Petitioner alleged that he suffered pain in his right shoulder after receiving an
influenza (“flu”) vaccine on January 7, 2015. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On December 17, 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 the
evidence establishes that the injury to petitioner’s right shoulder was caused-in-fact by
the administration of his January 7, 2015 flu vaccine. In addition, respondent has
concluded that petitioner’s right shoulder injury is compensable as a “caused-in-fact”
injury under the Act. Id. at 3.
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).
1

Case 1:15-vv-00948-UNJ Document 26 Filed 04/27/16 Page 2 of 2
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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00948-1
Date issued/filed: 2016-05-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/15/2016) regarding 22 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00948-UNJ Document 27 Filed 05/12/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0948V
Filed: March 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALEXANDER RYDELL, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 31, 2015, Alexander Rydell 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 he suffered pain in his right shoulder after
receiving an influenza (“flu”) vaccine on January 7, 2015. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On December 17, 2015, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On March 15, 2016, respondent filed a proffer on award of
compensation (“Proffer”) stating that petitioner should be awarded $121,022.56, for pain
and suffering, unreimbursed medical expenses, and lost wages. Proffer at 1. In the
Proffer, respondent represents that petitioner agrees with the proffered award.
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-00948-UNJ Document 27 Filed 05/12/16 Page 2 of 4
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 $121,022.56, in the form of a check payable to
petitioner, Alexander Rydell. 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

Case 1:15-vv-00948-UNJ Document 27 Filed 05/12/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ALEXANDER RYDELL, )
)
Petitioner, )
) No. 15-948V
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
$121,022.56 for pain and suffering, unreimbursed medical expenses, and lost wages, 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 $121,022.56 in the form of a check payable to petitioner.
Petitioner agrees.
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 medical
expenses, future lost earnings, and future pain and suffering.

Case 1:15-vv-00948-UNJ Document 27 Filed 05/12/16 Page 4 of 4
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3665
Date: March 15, 2016
2