VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01093
Package ID: USCOURTS-cofc-1_15-vv-01093
Petitioner: Anthony Nelson
Filed: 2015-12-18
Decided: 2016-05-06
Vaccine: influenza
Vaccination date: 2014-12-04
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Anthony Nelson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he received an influenza vaccine on December 4, 2014, and subsequently suffered a left shoulder injury. The case was assigned to the Special Processing Unit. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation. The respondent concluded that the evidence established that the injury was caused-in-fact by the flu vaccine and was not due to unrelated factors. The respondent also noted that the injury had persisted for more than six months. Based on the respondent's concession and the record, the court found Anthony Nelson entitled to compensation for Shoulder Injury Related to Vaccine Administration (SIRVA). Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $85,000.00, which petitioner agreed to. The court awarded Anthony Nelson a lump sum payment of $85,000.00, representing compensation for all damages available under the Act.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01093-0
Date issued/filed: 2016-04-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/18/2015) regarding 12 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01093-UNJ Document 25 Filed 04/27/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1093V
Filed: December 18, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANTHONY NELSON, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Glenn MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT
Dorsey, Chief Special Master:
On September 29, 2015, Anthony Nelson (“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 he
received an influenza (“flu”) vaccine on December 4, 2014, and thereafter suffered a left
shoulder injury. Petition at 1. The case was assigned to the Special Processing Unit
(“SPU”) of the Office of Special Masters.
On December 16, 2015, respondent filed a Rule 4(c) report in which she
conceded entitlement to compensation. Respondent’s Rule 4(c) Report at 1, 4.
Specifically, respondent concluded that the preponderance of evidence establishes that
the injury to petitioner’s left shoulder was caused-in-fact by the administration of the
December 4, 2014, flu vaccine, and that petitioner’s injury is not due to factors unrelated
to the administration of that vaccine. Id. at 4. Additionally, respondent stated that the
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).

Case 1:15-vv-01093-UNJ Document 25 Filed 04/27/16 Page 2 of 2
medical evidence reflects that petitioner has suffered the condition for more than six
months. Id. In light of the foregoing, respondent has concluded that petitioner’s left
shoulder injury is compensable under the Act as a “caused-in-fact” shoulder injury
related to vaccine administration (“SIRVA”). Id. at 5.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01093-1
Date issued/filed: 2016-05-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/10/2016) regarding 15 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01093-UNJ Document 26 Filed 05/06/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1093V
Filed: February 10, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANTHONY NELSON, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Glenn MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 29, 2015, Anthony Nelson (“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 as a result
of an influenza (“flu”) vaccination on December 4, 2014, he suffered a left shoulder
injury. The case was assigned to the Special Processing Unit (“SPU”) of the Office of
Special Masters.
On December 18, 2015, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for SIRVA. On February 10, 2016, respondent filed
a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$85,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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-01093-UNJ Document 26 Filed 05/06/16 Page 2 of 4
with the proffered award. 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 $85,000.00 in the form of a check payable to
petitioner, Anthony Nelson. 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-01093-UNJ Document 26 Filed 05/06/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
*
ANTHONY NELSON, *
*
Petitioner, *
*
v. * No. 15-1093V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On December 18, 2015, the Chief Special Master issued a Ruling on Entitlement finding
that petitioner was entitled to vaccine compensation for his Shoulder Injury Related to Vaccine
Administration (“SIRVA”). Based on the evidence of record, respondent proffers that petitioner
should be awarded $85,000.00. 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 be made through a
lump sum payment of $85,000.00 in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to the 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.
1

Case 1:15-vv-01093-UNJ Document 26 Filed 05/06/16 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/GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 616-4122
Dated: February 9, 2016
2