VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01190
Package ID: USCOURTS-cofc-1_15-vv-01190
Petitioner: Alicia Lusk
Filed: 2015-10-13
Decided: 2016-12-01
Vaccine: influenza
Vaccination date: 2013-11-01
Condition: complex regional pain syndrome
Outcome: compensated
Award amount USD: 157000

AI-assisted case summary:
Alicia Lusk filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2015, alleging that she suffered left arm pain caused by her influenza vaccination on November 1, 2013. The case was assigned to the Special Processing Unit. Respondent conceded entitlement to compensation for complex regional pain syndrome (CRPS), stating that the injury was more likely than not caused by the flu vaccination. Respondent also confirmed that the claim was timely filed, the vaccine was on the Vaccine Injury Table, administered in the United States, and the injury effects lasted more than six months. The ruling on entitlement was issued on January 28, 2016. Subsequently, on September 20, 2016, respondent filed a proffer on award of compensation, recommending an award of $157,000.00, which petitioner agreed to. The decision awarding damages was issued on December 1, 2016, granting petitioner a lump sum payment of $157,000.00, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01190-0
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/28/2016) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01190-UNJ Document 30 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1190V
Filed: January 28, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALICIA LUSK, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccination;
* Complex Regional Pain Syndrome
SECRETARY OF HEALTH * (“CRPS”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, Fl, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 13, 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 suffered left arm pain that was
caused by her November 1, 2013 influenza [“flu”] vaccination. Petition, ¶2. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On January 21, 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 indicates that “petitioner is entitled to
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-01190-UNJ Document 30 Filed 05/04/16 Page 2 of 2
compensation for her complex regional pain syndrome,3 which she sustained following
receipt of the flu vaccination on November 1, 2013.” Id. Respondent agrees that “[t]he
facts of this case support a finding that petitioner’s CRPS, more likely than not, was
caused by the administration of the influenza vaccination on November 1, 2013.” Id. at
4. Additionally, respondent indicates that the record demonstrates that the claim was
timely filed, “that petitioner received a vaccine set forth in the Vaccine Injury Table, and
that the vaccine was received in the United States.” Id. Respondent further indicates
“that petitioner suffered the effects or sequelae of her injury for more than six months
after vaccine administration,” and that the petition indicates petitioner has pursued no
prior civil action or proceeding in connection with her injury. 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
3“Petitioner’s injury is identified in the petition as a shoulder injury related to vaccine administration
(‘SIRVA’). Petition at ¶ 8. After a review of petitioner’s medical records, respondent determined that
petitioner’s clinical course is consistent with complex regional pain syndrome (‘CRPS’).” Respondent’s
Rule 4(c) Report at 1, n.1.
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01190-1
Date issued/filed: 2016-12-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/21/2016) regarding 39 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01190-UNJ Document 43 Filed 12/01/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1190V
Filed: September 21, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALICIA LUSK, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Complex
* Regional Pain Syndrome (“CPRS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio Christopher and Toale, Sarasota, FL, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 13, 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 alleged that she suffered left arm pain that was caused by a
November 1, 2013 influenza (“flu”) vaccination. Petition at ¶ 2. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On January 28, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for complex regional pain syndrome (“CRPS”). On September
20, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating
petitioner should be awarded $157,000.00. Proffer at 1. In the Proffer, respondent
represented that petitioner agrees with the proffered award. Based on the record as a
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-01190-UNJ Document 43 Filed 12/01/16 Page 2 of 4
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 $157,000.00 in the form of a check payable to
petitioner, Alicia Lusk. 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-01190-UNJ Document 43 Filed 12/01/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ALICIA LUSK,
Petitioner,
v.
No. 15-1190V
Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On January 21, 2016, respondent filed a Rule 4(c) Report conceding that petitioner was
entitled to vaccine compensation for her complex regional pain syndrome injury. Respondent
proffers that based on the evidence of record, petitioner should be awarded $157,000.00. 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 should be made
through a lump sum payment as described below, and requests that the special master’s decision
and the Court’s judgment award the following:1
A lump sum payment of $157,000.00 in the form of a check payable to petitioner,
Alicia Lusk. 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.
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.

Case 1:15-vv-01190-UNJ Document 43 Filed 12/01/16 Page 4 of 4
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: September 20, 2016
2

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-01190-2
Date issued/filed: 2016-12-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/21/2016) regarding 39 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01190-UNJ Document 44 Filed 12/05/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1190V
Filed: September 21, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALICIA LUSK, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Complex
* Regional Pain Syndrome (“CPRS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio Christopher and Toale, Sarasota, FL, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 13, 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 alleged that she suffered left arm pain that was caused by a
November 1, 2013 influenza (“flu”) vaccination. Petition at ¶ 2. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On January 28, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for complex regional pain syndrome (“CRPS”). On September
20, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating
petitioner should be awarded $157,000.00. Proffer at 1. In the Proffer, respondent
represented that petitioner agrees with the proffered award. Based on the record as a
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-01190-UNJ Document 44 Filed 12/05/16 Page 2 of 4
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 $157,000.00 in the form of a check payable to
petitioner, Alicia Lusk. 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-01190-UNJ Document 44 Filed 12/05/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ALICIA LUSK,
Petitioner,
v.
No. 15-1190V
Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On January 21, 2016, respondent filed a Rule 4(c) Report conceding that petitioner was
entitled to vaccine compensation for her complex regional pain syndrome injury. Respondent
proffers that based on the evidence of record, petitioner should be awarded $157,000.00. 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 should be made
through a lump sum payment as described below, and requests that the special master’s decision
and the Court’s judgment award the following:1
A lump sum payment of $157,000.00 in the form of a check payable to petitioner,
Alicia Lusk. 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.
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.

Case 1:15-vv-01190-UNJ Document 44 Filed 12/05/16 Page 4 of 4
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: September 20, 2016
2