VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01264
Package ID: USCOURTS-cofc-1_15-vv-01264
Petitioner: Linda K. Schupp
Filed: 2016-02-22
Decided: 2016-06-16
Vaccine: influenza
Vaccination date: 2013-09-17
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 111515

AI-assisted case summary:
Linda K. Schupp filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered pain in her left shoulder secondary to an influenza vaccine received on September 17, 2013. The case was assigned to the Special Processing Unit. Respondent conceded that Ms. Schupp was entitled to compensation, agreeing that her injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that she had suffered the condition for more than six months. A ruling on entitlement was issued on February 22, 2016, finding her entitled to compensation. Subsequently, on May 20, 2016, respondent filed a proffer on award of compensation, indicating that Ms. Schupp should be awarded $111,515.80. The parties agreed to this award, which represented compensation for pain and suffering ($110,000.00) and past unreimbursable expenses ($1,515.80). The Chief Special Master issued a decision awarding Ms. Schupp the lump sum of $111,515.80.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01264-0
Date issued/filed: 2016-05-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/22/2016) regarding 15 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01264-UNJ Document 23 Filed 05/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1264V
Filed: February 22, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LINDA K. SCHUPP, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 27, 2015, Ms. Schupp 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 received a trivalent influenza (“flu”) vaccine in
her left arm on September 17, 2013, and subsequently suffered pain in her left shoulder
secondary to the vaccination. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 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 states that compensation is appropriate in this
case Id. at 1. Respondent further agrees that petitioner’s injury is consistent with a
shoulder injury related to vaccine administration (SIRVA), that petitioner suffered her
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-01264-UNJ Document 23 Filed 05/06/16 Page 2 of 2
condition for more than six months, and thus, petitioner has satisfied all legal
prerequisites for compensation under the Vaccine 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
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-01264-1
Date issued/filed: 2016-06-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/20/2016) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01264-UNJ Document 29 Filed 06/16/16 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1264V
Filed: May 20, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LINDA K. SCHUPP, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 27, 2015, Linda K. Schupp (“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 pain in her
left shoulder secondary to an influenza (“flu”) vaccine she received on September 17,
2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On February 22, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On May 20, 2016, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $111,515.80. Proffer
at 2. In the Proffer, respondent represented that petitioner agrees with the proffered
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-01264-UNJ Document 29 Filed 06/16/16 Page 2 of 5
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 $111,515.80, representing compensation for
pain and suffering ($110,000.00), and past unreimbursable expenses ($1,515.80),
in the form of a check payable to petitioner, Linda K. Schupp. 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-01264-UNJ Document 29 Filed 06/16/16 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
LINDA K. SCHUPP, )
)
Petitioner, )
) No. 15-1264V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioner is not entitled to an
award for projected unreimbursable medical care expenses incurred from the date of judgment as
provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Earnings
Respondent proffers that based on the evidence of record, petitioner is not entitled to an
award for lost earnings as provided under 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that the Court should award Linda K. Schupp a lump sum of
$110,000.00 for her actual and projected pain and suffering. This amount reflects that the award
for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-
15(a)(4). Petitioner agrees.
1

Case 1:15-vv-01264-UNJ Document 29 Filed 06/16/16 Page 4 of 5
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Linda K. Schupp’s expenditure of past
unreimbursable expenses as a result of her vaccine-related injury. Respondent proffers that the
Court should award Linda K. Schupp a lump sum of $1,515.80 for past unreimbursable expenses
as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to her vaccine-
related injury.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below and request that the Chief Special Master’s
decision and the Court’s judgment award the following1: a lump sum payment of $111,515.80,
representing compensation for pain and suffering ($110,000.00), and past unreimbursable
expenses ($1,515.80), in the form of a check payable to petitioner, Linda K. Schupp.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner: $111,515.80
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 pain and
suffering.
2

Case 1:15-vv-01264-UNJ Document 29 Filed 06/16/16 Page 5 of 5
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
s/ Claudia B. Gangi
CLAUDIA B. GANGI
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) 616-4138
Dated: May 20, 2016
3