VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01248
Package ID: USCOURTS-cofc-1_15-vv-01248
Petitioner: Bertha Hixson
Filed: 2015-10-26
Decided: 2016-08-10
Vaccine: influenza
Vaccination date: 2014-10-04
Condition: left shoulder SIRVA
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
On October 26, 2015, Bertha Hixson filed a Vaccine Program petition after receiving an influenza vaccine on October 4, 2014. She alleged that the flu vaccination caused left shoulder injuries, and the case was assigned to the Special Processing Unit.

Respondent conceded entitlement in a Rule 4(c) report filed January 22, 2016. The report concluded that Hixson's alleged injury was consistent with shoulder injury related to vaccine administration, or SIRVA; that a preponderance of the evidence showed the SIRVA was caused in fact by the October 4, 2014 flu vaccine; that no other cause had been identified; and that the six-month sequela requirement was satisfied. Respondent noted that although the petition listed several shoulder diagnoses, including brachial neuritis, the record did not support diagnoses such as brachial neuritis.

Chief Special Master Nora Beth Dorsey granted entitlement on January 28, 2016. Respondent later filed a damages proffer on August 10, 2016, and Hixson agreed. That same day, Chief Special Master Dorsey awarded a lump sum of $100,000.00, payable to Bertha Hixson, representing all damages available under section 15(a). Hixson was represented by Bruce William Slane of the Law Office of Bruce W. Slane, P.C.

Theory of causation field:
Influenza vaccine (October 4, 2014) causing left shoulder SIRVA. COMPENSATED. Respondent conceded causation-in-fact: alleged shoulder injury consistent with SIRVA, preponderant evidence tied it to the flu vaccine, no other cause identified, and six-month sequela requirement satisfied; respondent noted the record did not support other pleaded diagnoses such as brachial neuritis. Entitlement granted by Chief Special Master Nora Beth Dorsey on January 28, 2016; damages awarded August 10, 2016. Award: $100,000.00 lump sum payable to Bertha Hixson. Attorney: Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01248-0
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/28/2016) regarding 17 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01248-UNJ Document 29 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1248V
Filed: January 28, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BERTHA HIXSON, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 26, 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 shoulder injuries
[which] were caused-in-fact by her October 4, 2014 influenza vaccination.” Petition,
¶24. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On January 22, 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 “has concluded that petitioner’s alleged injury
is consistent with SIRVA [a shoulder injury related to vaccine administration]; that a
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-01248-UNJ Document 29 Filed 05/04/16 Page 2 of 2
preponderance of the evidence establishes that her SIRVA was caused-in-fact by the flu
vaccination she received on October 4, 2014; and that no other causes for petitioner’s
SIRVA were identified.”3 Id. at 2-3. Respondent agrees that petitioner has satisfied the
“statutory six month sequela requirement.” Id. at 3. Respondent further agrees that
“based on the current record, 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
3 Respondent indicates that “[a]lthough the Petition specifies a list of various injuries alleged to have
affected petitioner’s shoulder, including brachial neuritis, the record does not support diagnoses such as
brachial neuritis.” Respondent’s Rule 4(c) Report at 3, n.1.
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01248-1
Date issued/filed: 2016-10-31
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/10/2016) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01248-UNJ Document 44 Filed 10/31/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1248V
Filed: August 10, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BERTHA HIXSON, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 26, 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 “left shoulder injuries [which] were
caused-in-fact by her October 4, 2014 influenza vaccination.” Petition at ¶24. 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 a shoulder injury related to vaccine administration
(“SIRVA”). On August 10, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $100,000.00. Proffer at 1. In 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-01248-UNJ Document 44 Filed 10/31/16 Page 2 of 4
Proffer, respondent represented that petitioner agrees 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 $100,000.00 in the form of a check payable to
petitioner, Bertha Hixson. 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-01248-UNJ Document 44 Filed 10/31/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BERTHA HIXSON,
Petitioner,
No. 15-1248V
v. Chief Special Master Nora Beth Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 22, 2016, respondent filed her Rule 4(c) Report, in which she recommended
that the Court find petitioner entitled to compensation, and on January 28, 2016, the Court
entered its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now
proffers that petitioner receive an award of a lump sum of $100,000.00 in the form of a check
payable to petitioner. This amount represents compensation for all elements of compensation
under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1
Petitioner agrees with the proffered award of $100,000.00.2
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
1 Should petitioner die prior to entry of judgment, the parties reserve 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.
2 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
1

Case 1:15-vv-01248-UNJ Document 44 Filed 10/31/16 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-9847
DATED: August 10, 2016
2