VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01170
Package ID: USCOURTS-cofc-1_15-vv-01170
Petitioner: Audrey M. Abbott
Filed: 2015-10-09
Decided: 2017-12-08
Vaccine: influenza
Vaccination date: 2012-10-24
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 160502

AI-assisted case summary:
Audrey M. Abbott filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2015, alleging a left shoulder injury following an influenza vaccination administered on October 24, 2012. The case was assigned to the Special Processing Unit. On February 24, 2016, the respondent filed a Rule 4(c) report conceding that Ms. Abbott's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the influenza vaccination. The respondent also agreed that no other cause for the injury had been identified, that the statutory six-month sequela requirement was satisfied, and that Ms. Abbott met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 25, 2016, finding Ms. Abbott entitled to compensation. Subsequently, on April 12, 2017, the parties filed a joint stipulation on damages. On December 8, 2017, Chief Special Master Dorsey issued a decision adopting the stipulation, awarding Ms. Abbott a lump sum of $160,502.39, payable by check to the petitioner, as compensation for all damages. Daniel Pfeifer and Daniel Henry Pfeifer of Pfeifer, Morgan & Stesiak represented the petitioner, and Robert Coleman and Robert Paul Coleman, III of the U.S. Department of Justice represented the respondent.

Theory of causation field:
Petitioner Audrey M. Abbott alleged a left shoulder injury following an influenza vaccination on October 24, 2012. The respondent conceded that the injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused-in-fact by the vaccination. No other cause was identified, and the statutory sequela requirement was met. The case proceeded to a ruling on entitlement on February 25, 2016, by Chief Special Master Nora Beth Dorsey, finding petitioner entitled to compensation. A joint stipulation on damages was filed on April 12, 2017, and approved by Chief Special Master Dorsey on December 8, 2017, resulting in an award of $160,502.39. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the concession of SIRVA. Petitioner was represented by Daniel Pfeifer and Daniel Henry Pfeifer, and respondent was represented by Robert Coleman and Robert Paul Coleman, III.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01170-0
Date issued/filed: 2016-06-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/25/2016) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01170-UNJ Document 20 Filed 06/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1170V
Filed: February 25, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
AUDREY M. ABBOTT, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza;
V.
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Daniel Pfeifer, Pfeifer, Morgan & Stesiak, South Bend, IN, for petitioner.
Robert Coleman, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 9, 2015, 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 experienced a left shoulder
injury following administration of her October 24, 2012 influenza vaccination. Petition at
1-2. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On February 24, 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 at 1. Specifically, respondent “opines that petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (SIRVA) . . . [and]
further agrees that petitioner’s SIRVA was caused-in-fact by the influenza vaccination
administered in her left arm on October 24, 2012.” Id. at 5. Respondent further agrees
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. 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-01170-UNJ Document 20 Filed 06/06/16 Page 2 of 2
that no other cause for petitioner’s injury has been identified, that the statutory six
month sequela requirement has been satisfied, and that petitioner has satisfied all legal
prerequisites for compensation under the Act. 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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01170-1
Date issued/filed: 2017-12-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/12/2017) regarding 40 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01170-UNJ Document 50 Filed 12/08/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1170V
Filed: April 12, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
AUDREY M. ABBOTT, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Daniel Henry Pfeifer, Pfeifer, Morgan & Stesiak, South Bend, IN, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 9, 2015, 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”). Petitioner alleges that she experienced a left shoulder injury following
administration of her October 24, 2012 influenza vaccination. Petition at 1-2. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On February 25, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On April 12, 2017, the parties filed the attached joint stipulation, stating that
a decision should be entered awarding compensation. Stipulation, § 7. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages. Pursuant to the terms stated in the attached Stipulation, the
undersigned awards the following compensation:
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-01170-UNJ Document 50 Filed 12/08/17 Page 2 of 7
A lump sum of $160,502.39 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, 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

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