VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01316
Package ID: USCOURTS-cofc-1_15-vv-01316
Petitioner: Jo-Ann Dodd
Filed: 2015-11-04
Decided: 2016-06-16
Vaccine: influenza
Vaccination date: 2013-11-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Jo-Ann Dodd filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury caused by the influenza vaccine she received on November 5, 2013. The respondent, the Secretary of Health and Human Services, conceded that Ms. Dodd's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the flu vaccine. The respondent further indicated that Ms. Dodd had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Ms. Dodd entitled to compensation. Subsequently, a decision awarding damages was issued, based on a proffer from the respondent. The respondent proffered an award of $135,000.00, which Ms. Dodd agreed to. The court awarded Ms. Dodd a lump sum payment of $135,000.00, representing compensation for all damages available under the Act.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01316-0
Date issued/filed: 2016-06-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/20/2016) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01316-UNJ Document 27 Filed 06/16/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1316V
Filed: May 20, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JO-ANN DODD, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccination;
v. * Shoulder Injury Related to Vaccine
* Administration (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Kathy Brown, Kathy Brown Law, PLLC, Charleston, WV, for petitioner.
Althea Davis, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 4, 2015, Jo-Ann Dodd (“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 a shoulder injury caused from the influenza vaccine she received on November
5, 2013. Petition at 1, ¶ 22. Petitioner further alleges that she received her vaccine in
the United States, that she has suffered the residual effects of her injury for more than
six months, and that neither she nor any other party has filed a civil suit or receive a
settlement for her vaccine related injuries. Id. at ¶¶ 2, 23-25. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
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 (2012)). 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-01316-UNJ Document 27 Filed 06/16/16 Page 2 of 2
On May 19, 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 a shoulder injury related to vaccine administration (SIRVA), and that it
was caused-in-fact by the flu vaccine she received on November 5, 2013.” Id. at 3.
Respondent further indicates that “based on the record as it now stands, petitioner has
satisfied all legal prerequisites for compensation under the Act.” Id.
In view of respondent’s concession and the evidence before me, I find 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-01316-1
Date issued/filed: 2016-06-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/20/2016) regarding 23 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01316-UNJ Document 28 Filed 06/16/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1316V
Filed: May 20, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JO-ANN DODD, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Kathy Brown, Kathy Brown Law, PLLC, Charleston, WV, for petitioner.
Althea Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 4, 2015, Jo-Ann Dodd (“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 a shoulder injury caused by the influenza vaccine she received on November
5, 2013. Petition at 1, ¶ 22. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On May 20, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her shoulder injury. On May 19, 2016, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $135,000.00.
Proffer at 5. In the Proffer, respondent represented that petitioner agrees with 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-01316-UNJ Document 28 Filed 06/16/16 Page 2 of 2
proffered award. Id. 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 $135,000.00 in the form of a check payable to
petitioner, Jo-Ann Dodd. 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