VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01334
Package ID: USCOURTS-cofc-1_15-vv-01334
Petitioner: Sharyn Synnestvedt
Filed: 2016-02-22
Decided: 2016-05-06
Vaccine: influenza
Vaccination date: 2014-10-20
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 85221

AI-assisted case summary:
Sharyn Synnestvedt filed a petition on February 22, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccination received on October 20, 2014, caused her to suffer shoulder injuries. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on Damages on February 19, 2016, conceding that Ms. Synnestvedt was entitled to compensation. The respondent concluded that the petitioner's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused in fact by the flu vaccine administered on or about October 20, 2014. The respondent did not identify any other causes for the injury and noted that the medical records showed the injury persisted for more than six months. Based on this concession and the existing record, the respondent determined that the petitioner met all legal requirements for compensation under the Act. The respondent proffered an award of $85,221.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). The petitioner agreed with this proffered award. Chief Special Master Nora Beth Dorsey reviewed the case and, in view of the respondent's concession and the evidence, found that the petitioner was entitled to compensation. The Chief Special Master awarded Sharyn Synnestvedt a lump sum payment of $85,221.00, payable by check to the petitioner, as compensation for all damages. The decision noted that should the petitioner die prior to the entry of judgment, the parties reserved the right to move the Court for appropriate relief, with the respondent opposing any award for future medical expenses, future pain and suffering, and future lost wages. The clerk of the court was directed to enter judgment in accordance with this decision.

Theory of causation field:
Petitioner Sharyn Synnestvedt alleged that an influenza vaccine received on October 20, 2014, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement to compensation, agreeing that the injury was consistent with SIRVA and was caused in fact by the flu vaccine. The respondent did not identify alternative causes and noted the injury persisted for over six months. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or the mechanism of injury. The respondent proffered an award of $85,221.00 for all damages under 42 U.S.C. § 300aa-15(a), which the petitioner accepted. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement and Decision Awarding Damages on May 6, 2016, awarding the proffered amount. The theory of causation is based on the respondent's concession and falls under the Vaccine Injury Table (SIRVA). Petitioner's counsel was Maximillian Muller, and respondent's counsel was Traci Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01334-0
Date issued/filed: 2016-05-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/22/2016) regarding 13 Ruling on Entitlement, DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01334-UNJ Document 22 Filed 05/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1334V
Filed: February 22, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SHARYN SYNNESTVEDT, *
*
Petitioner, * Ruling on Entitlement; Damages
* Decision Based on Proffer;
* Concession; Influenza (“Flu”)
SECRETARY OF HEALTH * Vaccination; Shoulder Injury Related
AND HUMAN SERVICES, * to Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES 1
Dorsey, Chief Special Master:
On November 6, 2015, Sharyn Synnestvedt (“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 the
influenza [“flu”] vaccination that she received on October 20, 2014, caused her to suffer
shoulder injuries. Petition at 1. The case was assigned to the Special Processing Unit
(“SPU”) of the Office of Special Masters.
On February 19, 2016, respondent filed a Rule 4(c) Report and Proffer on
Damages in which she concedes that petitioner is entitled to compensation in this case.
Rule 4(c) Report and Proffer on Damages at 1. Specifically, respondent “concluded that
petitioner’s alleged injury is consistent with shoulder injury related to vaccine
administration (“SIRVA”), and that it was caused in fact by the flu vaccine she received
on or about October 20, 2014.” Id. at 3. Further, respondent “did not identify any other
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-01334-UNJ Document 22 Filed 05/06/16 Page 2 of 2
causes for petitioner’s SIRVA, and the records show that she suffered the sequela of
her injury for more than six months.” Id. Thus, “based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation under the Act”. Id. at 4.
Additionally, “[b]ased upon the evidence of record, respondent proffers that
petitioner should be awarded $85,221.00, which represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).”
Rule 4(c) Report and Proffer on Damages at 4. Respondent represents that petitioner
agrees with the proffered award. Id.
In view of respondent’s concession and the evidence in the record, the
undersigned finds that petitioner is entitled to compensation. Further, based on
the record as a whole, the undersigned finds that petitioner is entitled to an award
as stated in Respondent’s Rule 4(c) Report and Proffer on Damages.
Pursuant to the terms stated in Respondent’s Rule 4(c) Report and Proffer on
Damages, the undersigned awards petitioner a lump sum payment of $85,221.00
in the form of a check payable to petitioner, Sharyn Synnestvedt.3 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 “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.” Rule 4(c) Report and Proffer on Damages at 4, fn. 1.
4 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