VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01042
Package ID: USCOURTS-cofc-1_15-vv-01042
Petitioner: Sally Lessner
Filed: 2015-09-17
Decided: 2016-08-05
Vaccine: influenza
Vaccination date: 2012-09-26
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 349943

AI-assisted case summary:
Sally Lessner filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2015, alleging that she suffered pain, weakness, and stiffness in her arm and shoulder caused by an influenza vaccination received on September 26, 2012. The case was assigned to the Special Processing Unit. On March 25, 2016, the respondent conceded that petitioner was entitled to compensation, finding her injury consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and not due to unrelated factors. A ruling on entitlement was issued on March 25, 2016. Subsequently, on June 20, 2016, the respondent filed a proffer on award of compensation, proposing a total award of $349,943.97. This amount included $244,827.26 for lost wages, $100,000.00 for pain and suffering, and $5,116.71 for past unreimbursable expenses. Petitioner agreed with the proffered award. On August 5, 2016, the Chief Special Master issued a decision awarding Sally Lessner the total sum of $349,943.97.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01042-0
Date issued/filed: 2016-08-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/21/2016) regarding 29 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01042-UNJ Document 37 Filed 08/05/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1042V
Filed: June 21, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SALLY LESSNER, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza Vaccination; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 17, 2015, Sally Lessner (“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 pain, weakness, and stiffness in her arm and shoulder caused-in-fact by the
influenza vaccination she received on September 26, 2012. Petition at ¶¶ 3, 10-11.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 25, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation for shoulder injury. On June 20, 2016, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $244,827.26
for lost wages, $100,000.00 for pain and suffering, and $5,116.71 for past
unreimbursable expenses for a total award of $349,943.97. Proffer at 1. 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. 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-01042-UNJ Document 37 Filed 08/05/16 Page 2 of 4
respondent represented that petitioner agrees with the proffered award. Id. 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 $349,943.97 (representing $244,827.26 for lost
wages, $100,000.00 for pain and suffering, and $5,116.71 for past unreimbursable
expenses) in the form of a check payable to petitioner, Sally Lessner. 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--0011004422--UUNNJJ DDooccuummeenntt 2387 FFiilleedd 0068//2005//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
SALLY LESSNER, )
)
Petitioner, ) No. 15-1042V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On March 25, 2016, the Chief Special Master issued a Ruling on Entitlement determining
that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine
Administration (“SIRVA”). Respondent proffers that, based on the evidence of record,
petitioner should be awarded a lump sum of $349,943.97. This amount consists of $244,827.26
for lost wages, $100,000.00 for pain and suffering, and $5,116.71 for past unreimbursable
expenses. In sum, this amount represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following:1
1 Should petitioner die prior to entry of judgment, respondent reserves 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.

CCaassee 11::1155--vvvv--0011004422--UUNNJJ DDooccuummeenntt 2387 FFiilleedd 0068//2005//1166 PPaaggee 24 ooff 24
A. A lump sum payment of $349,943.97 in the form of a check payable to petitioner, Sally
Lessner. This amount accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: June 20, 2016 Fax: (202) 616-4310

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01042-1
Date issued/filed: 2016-09-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/25/2016) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01042-UNJ Document 38 Filed 09/22/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1042V
Filed: March 25, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SALLY LESSNER, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 17, 2015, Sally Lessner (“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 pain, weakness, and stiffness in her arm and shoulder caused-in-fact by the
influenza vaccination she received on September 26, 2012. Petition at ¶¶ 3, 10-11.
Petitioner further alleges that she has suffered the residual effects of her injury for more
than six months, and neither she nor anyone else has received compensation or has
filed a civil action for her injury alleged as vaccine caused. Id. at ¶¶ 10, 12. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On March 25, 2016, 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
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 (2012)). 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-01042-UNJ Document 38 Filed 09/22/16 Page 2 of 2
at 1 (ECF No.22). 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 26, 2012 flu vaccination.” Id. Furthermore, respondent
agrees that petitioner has met the statutory requirements of the Vaccine Act, and
“entitlement to compensation is appropriate under the terms of the Vaccine Act.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2