VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01312
Package ID: USCOURTS-cofc-1_15-vv-01312
Petitioner: Alice Mulle
Filed: 2016-10-17
Decided: 2017-02-07
Vaccine: influenza
Vaccination date: 2014-12-05
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Alice Mulle filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on December 5, 2014, and subsequently suffered a shoulder injury. The case was assigned to the Special Processing Unit. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner was entitled to compensation. The respondent agreed that the alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that petitioner met the statutory requirements, including suffering residual effects for more than six months with no other identified cause. Based on the respondent's concession and the evidence, the court found petitioner entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent had proffered an award of $65,000.00, which petitioner agreed to. The court awarded Alice Mulle a lump sum payment of $65,000.00 as compensation for all available damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01312-0
Date issued/filed: 2017-02-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/17/2016) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01312-UNJ Document 38 Filed 02/02/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1312V
Filed: October 17, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALICE MULLE, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 3, 2015, Alice Mulle (“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 received an influenza (“flu”)
vaccine on December 5, 2014, and subsequently suffered a shoulder injury. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 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 states that “petitioner’s alleged injury is
consistent with shoulder injury related to vaccine administration,” and based on the
record “as it now stands, petitioner has satisfied all legal prerequisites for compensation
under the [Vaccine] Act.” Id. at 3. Respondent further agrees that petitioner has met
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-01312-UNJ Document 38 Filed 02/02/17 Page 2 of 2
the statutory requirements by suffering the residual effects of her condition for more
than six months and no other cause for petitioner’s condition has been identified. 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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01312-1
Date issued/filed: 2017-02-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/17/2017) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01312-UNJ Document 39 Filed 02/07/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1312V
Filed: October 17, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALICE MULLE, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 3, 2015, Alice Mulle (“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 shoulder injury as a
result of an influenza (“flu”) vaccine she received on December 5, 2014. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 14, 2016, respondent filed a Rule 4(c) Report and Proffer on
Damages (“Rule 4/Proffer”) indicating petitioner should be awarded $65,000.00. Rule
4/Proffer at 3. In the Proffer, respondent represented that petitioner agrees with the
proffered award. On October 17, 2016, a ruling on entitlement was issued, finding
petitioner entitled to compensation. Based on the record as a whole, the undersigned
finds that petitioner is entitled to an award as stated in the Rule 4/Proffer.
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-01312-UNJ Document 39 Filed 02/07/17 Page 2 of 2
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $65,000.00, in the form of a check payable to
petitioner, Alice Mulle. 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