VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01227
Package ID: USCOURTS-cofc-1_15-vv-01227
Petitioner: Lea Lydon
Filed: 2015-10-21
Decided: 2016-08-09
Vaccine: influenza
Vaccination date: 2014-10-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 126365

AI-assisted case summary:
Lea Lydon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury as a result of her October 10, 2014 influenza vaccination. The case was assigned to the Special Processing Unit. On March 14, 2016, the respondent conceded that Ms. Lydon was entitled to compensation, concluding that she suffered a non-Table injury of SIRVA (shoulder injury related to vaccine administration) that was causally related to the flu vaccination. The respondent also confirmed that no other causes were identified and that Ms. Lydon met the statutory requirements for compensation. A ruling on entitlement was issued on March 16, 2016, finding Ms. Lydon entitled to compensation. Subsequently, on June 24, 2016, the respondent filed a proffer on award of compensation, proposing an award of $126,365.30, which Ms. Lydon agreed to. Based on the record, the court found Ms. Lydon entitled to this award. On August 9, 2016, a decision awarding damages was issued, granting Ms. Lydon a lump sum payment of $126,365.30, representing compensation for all available damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01227-0
Date issued/filed: 2016-05-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/16/2016) regarding 20 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01227-UNJ Document 24 Filed 05/12/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1227V
Filed: March 16, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LEA LYDON, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccination; Shoulder
v. * Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”) Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, Washington, DC, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 21, 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 suffered a left shoulder injury as a result of
her October 10, 2014 influenza vaccination. Petition at 1-3. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On March 14, 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 “concluded that petitioner suffered a non-Table injury of
SIRVA [shoulder injury related to vaccine administration] and that the preponderance of
the medical evidence indicates that the injury was causally related to the flu
vaccination.” Id. at 5. Respondent agrees that no other causes have been identified for
petitioner’s injury, and that petitioner met the statutory requirements by suffering from
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-01227-UNJ Document 24 Filed 05/12/16 Page 2 of 2
her injury for more than six months. Id. Respondent further indicates that “based on
the record as it now stands, compensation is appropriate, as petitioner has satisfied all
legal prerequisites for compensation under the Act.” Id. at 6.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-01227-1
Date issued/filed: 2016-08-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/28/2016) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01227-UNJ Document 35 Filed 08/09/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1227V
Filed: June 28, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LEA LYDON, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Franklin Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 21, 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 suffered a left shoulder injury as a result of
her October 10, 2014 influenza vaccination. Petition at 1-3. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On March 16, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On
June 24, 2016, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $126,365.30. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Based on the
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-01227-UNJ Document 35 Filed 08/09/16 Page 2 of 4
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 $126,365.30 in the form of a check payable to
petitioner, Lea Lydon. 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--0011222277--UUNNJJ DDooccuummeenntt 3305 FFiilleedd 0068//2049//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
*
LEA LYDON, *
*
Petitioner, *
*
v. * No. 15-1227V (ECF)
* Chief Special Master
SECRETARY OF HEALTH * Nora Beth Dorsey
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
In her March 16, 2016 decision, the Chief Special Master found that a preponderance
of the medical evidence indicates that petitioner suffered a shoulder injury related to vaccine
administration (“SIRVA”), which was causally related to the flu vaccination she received on
October 10, 2014. The parties have now addressed the amount of compensation to be
awarded in this case.
I. Compensation
Based upon the evidence of record, respondent proffers that petitioner should be
awarded a total lump sum of $126,365.30, which amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1
Petitioner agrees.
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.

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II. Form of the Award
The parties recommend that the compensation provided should be made in a lump
sum payment in the form of a check for $126,365.30, payable to petitioner.
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
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Douglas Ross
DOUGLAS ROSS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-3667
DATED: June 24, 2016
2