VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01021
Package ID: USCOURTS-cofc-1_15-vv-01021
Petitioner: Christina L. Murray
Filed: 2015-09-14
Decided: 2016-02-24
Vaccine: influenza
Vaccination date: 2013-09-19
Condition: rotator cuff tear
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Christina L. Murray filed a petition for compensation on September 14, 2015, alleging that she suffered a rotator cuff tear and other shoulder injuries as a result of receiving a seasonal influenza vaccine on September 19, 2013. The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) report on January 20, 2016, conceding that the petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was compensable under the National Vaccine Injury Compensation Program. The respondent stated that the evidence established that the petitioner's injury was not due to factors unrelated to the vaccination and that all other statutory and jurisdictional requirements were met. On January 22, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding the petitioner entitled to compensation based on the respondent's concession. Subsequently, on February 24, 2016, the respondent filed a proffer on award of compensation, proposing a lump sum payment of $125,000.00. The petitioner agreed with this proffered award. On February 24, 2016, Chief Special Master Dorsey issued a decision awarding the petitioner a lump sum payment of $125,000.00, payable by check to Christina L. Murray, representing all elements of compensation. The decision was issued by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Stephen Joseph Mathieu. Respondent's counsel was Justine Elizabeth Walters.

Theory of causation field:
Petitioner Christina L. Murray received a seasonal influenza vaccine on September 19, 2013, and subsequently alleged a rotator cuff tear and other shoulder injuries. The respondent conceded that the injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA) and was compensable under the National Vaccine Injury Compensation Program, agreeing that the injury was not due to factors unrelated to the vaccination. The case was handled in the Special Processing Unit. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on January 22, 2016, finding petitioner entitled to compensation. A Decision Awarding Damages was issued on February 24, 2016, based on a proffer from the respondent, agreeing to a lump sum award of $125,000.00 for all elements of compensation. Petitioner's counsel was Stephen Joseph Mathieu, and respondent's counsel was Justine Elizabeth Walters.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01021-0
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/22/2016) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01021-UNJ Document 28 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1021V
Filed: January 22, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINA L. MURRAY, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Stephen Joseph Mathieu, Stephen J. Mathieu Attorney, Beaverton, OR, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 14, 2015, Christina L. Murray (“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 causation-in-fact rotator cuff tear injury resulting from the improper injection
of a seasonal influenza vaccine administered on September 19, 2013.” Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 20, 2016, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case.3 Respondent’s Rule
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).
3 By filing her Rule 4(c) report on January 20, 2016, respondent has satisfied the undersigned’s
December 18, 2015 order requiring a status report regarding her intentions in this case.

Case 1:15-vv-01021-UNJ Document 28 Filed 05/04/16 Page 2 of 2
4(c) Report at 1. Specifically, respondent “has concluded that a preponderance of the
evidence establishes that petitioner’s injury is consistent with a shoulder injury related to
vaccine administration (“SIRVA”), and that petitioner’s injury is not due to factors
unrelated to her September 19, 2013, flu vaccination.” Id. at 4. Respondent further
agrees that petitioner has met all other statutory and jurisdictional requirements. Id.
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-01021-1
Date issued/filed: 2016-05-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/24/2016) regarding 21 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01021-UNJ Document 29 Filed 05/06/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1021V
Filed: February 24, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINA L. MURRAY, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Stephen Joseph Mathieu, Stephen J. Mathieu Attorney, Beaverton, OR, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 14, 2015, Christina L. Murray (“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
developed a rotator cuff tear and other shoulder injuries as a result of receiving a
seasonal influenza (“flu”) vaccine on September 19, 2013. The case was assigned to
the Special Processing Unit (“SPU”) of the Office of Special Masters.
On January 22, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for shoulder injury related to vaccine administration
(“SIRVA”). On February 24, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $125,000.00. Proffer at 2. In the
Proffer, respondent represented 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-01021-UNJ Document 29 Filed 05/06/16 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 $125,000.00 in the form of a check payable to
petitioner, Christina L. Murray. 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-01021-UNJ Document 29 Filed 05/06/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CHRISTINA L. MURRAY, )
)
Petitioner, )
) No. 15-1021V
v. ) Chief Special Master Dorsey
) SPU
SECRETARY OF HEALTH AND ) ECF
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 14, 2015, petitioner, Christina L. Murray, filed a petition for compensation
under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”),
alleging that she developed a rotator cuff tear and other shoulder injuries as a result of receiving
a seasonal influenza (“flu”) vaccine on September 19, 2013. On January 20, 2016, respondent
filed her Rule 4(c) Report stating that petitioner’s shoulder injury is consistent with a shoulder
injury related to vaccine administration (“SIRVA”) and conceding that her SIRVA is
compensable under the Vaccine Act. Accordingly, on January 22, 2016, Chief Special Master
Dorsey issued a Ruling on Entitlement finding that petitioner is entitled to compensation for
SIRVA. For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on January 20, 2016.

Case 1:15-vv-01021-UNJ Document 29 Filed 05/06/16 Page 4 of 4
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$125,000.00, which represents all elements of compensation to which petitioner is 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 $125,000.00 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
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ Justine Walters
JUSTINE WALTERS
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) 307-6393
DATE: February 23, 2016
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.
2