VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01341
Package ID: USCOURTS-cofc-1_15-vv-01341
Petitioner: Sarah Stabenow
Filed: 2016-07-01
Decided: 2016-08-22
Vaccine: influenza
Vaccination date: 2013-09-30
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Sarah Stabenow filed a petition for compensation on July 1, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 30, 2013. The case was assigned to the Special Processing Unit. On May 17, 2016, a ruling on entitlement found Ms. Stabenow entitled to compensation. Respondent filed a proffer on July 1, 2016, stating that Ms. Stabenow should be awarded $70,000.00, representing all elements of compensation. Petitioner agreed with this proffered award. The Chief Special Master, Nora Beth Dorsey, issued a decision on August 22, 2016, awarding Sarah Stabenow a lump sum payment of $70,000.00, payable to her. The decision noted that the Chief Special Master's ruling on entitlement indicated that a preponderance of the medical evidence showed Ms. Stabenow suffered a SIRVA causally related to the flu vaccination. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Douglas Ross. The Special Master's decision was issued under the authority of the National Vaccine Injury Compensation Program.

Theory of causation field:
Petitioner Sarah Stabenow alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on September 30, 2013. A ruling on entitlement issued on May 17, 2016, found petitioner entitled to compensation, indicating a preponderance of the medical evidence supported a SIRVA causally related to the vaccination. The case proceeded to a damages decision based on a stipulation. Respondent filed a proffer on July 1, 2016, proposing an award of $70,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), which petitioner agreed to. Chief Special Master Nora Beth Dorsey issued a decision on August 22, 2016, awarding the stipulated lump sum of $70,000.00 to petitioner. The specific medical mechanism, expert testimony, or detailed clinical findings supporting the SIRVA were not described in the public decision. The theory of causation was based on the "Table" as indicated by the provided database fields, and the entitlement ruling confirmed a causal relationship. Attorneys involved were Jeffrey S. Pop for petitioner and Douglas Ross for respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01341-0
Date issued/filed: 2016-08-22
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/01/2016) 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-01341-UNJ Document 34 Filed 08/22/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1341V
Filed: July 1, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SARAH STABENOW, *
*
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, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 6, 2015, Sarah Stabenow (“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 from a
shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza
(“flu”) vaccine she received on September 30, 2013. Petition at 2. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On May 17, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On July 1, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $70,000.00. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Based
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-01341-UNJ Document 34 Filed 08/22/16 Page 2 of 4
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 $70,000.00, in the form of a check payable to
petitioner, Sarah Stabenow. 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-01341-UNJ Document 34 Filed 08/22/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
SARAH STABENOW, *
*
Petitioner, *
*
v. * No. 15-1341V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
In her May 17, 2016 decision, the Chief Special Master found that a preponderance of the
medical evidence indicates that petitioner suffered a shoulder injury related to vaccine
administration (“SIRVA”), which was causally related to the flu vaccination she received on
September 30, 2013. The parties have now addressed the amount of compensation to be
awarded in this case.
I. Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a total lump sum of $70,000.00, which amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided should be made through lump
sum payment in the form of a check for $70,000.00, payable to petitioner.
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

Case 1:15-vv-01341-UNJ Document 34 Filed 08/22/16 Page 4 of 4
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
/s/ DOUGLAS ROSS
DOUGLAS ROSS
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) 616-3667
DATE: July 1, 2016
2