VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01345
Package ID: USCOURTS-cofc-1_15-vv-01345
Petitioner: Joan Witkowski
Filed: 2015-11-09
Decided: 2017-06-14
Vaccine: influenza
Vaccination date: 2014-10-22
Condition: right sided bursitis and a focal, partial thickness tear in the posterior supraspinatus tendon at the distal bursal surface
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Joan Witkowski filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered right-sided bursitis and a tear in her supraspinatus tendon caused by an influenza vaccination she received on October 22, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Witkowski's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), that it was caused by the flu vaccination, and that no other causes were identified. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Ms. Witkowski entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, proposing a lump sum payment of $75,000.00. Ms. Witkowski agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Witkowski $75,000.00 as 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-01345-0
Date issued/filed: 2017-03-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/21/2016) regarding 31 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01345-UNJ Document 40 Filed 03/07/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1345V
Filed: November 21, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOAN WITKOWSKI, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccination
v. * Shoulder Injury Related to Vaccine
* Administration (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 9, 2015, Joan Witkowski (“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 right sided bursitis and a focal, partial thickness tear in the posterior
supraspinatus tendon at the distal bursal surface caused by the influenza vaccination
she received on October 23, 2014. Petition at ¶¶ 1, 5-6. Petitioner further alleges that
she received the vaccination in the United States, has suffered the residual effects of
her injury for more than six months, and neither she nor any other party has brought an
action for her vaccine related injuries. Id. at ¶¶ 1, 7, 10-11. 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-01345-UNJ Document 40 Filed 03/07/17 Page 2 of 2
On November 21, 2016, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case.3 Specifically,
respondent “has concluded that petitioner’s alleged injury is consistent with SIRVA; that
a preponderance of evidence establishes that her SIRVA was caused-in-fact by the flu
vaccination she received on October 22, 2014; and that no other causes for petitioner’s
SIRVA were identified.” Id. at 2-3 (citation omitted). Furthermore, respondent believes
that “petitioner has satisfied all legal prerequisites for compensation under the Act.” Id.
at 3.
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
3 Respondent’s Rule 4(c) Report at 1. Respondent notes the vaccination records show petitioner
received her influenza vaccine on October 22, 2014 rather than October 23, 2014 as alleged. See id. at 1
n.1
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01345-1
Date issued/filed: 2017-06-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/12/2017) regarding 36 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01345-UNJ Document 47 Filed 06/14/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1345V
Filed: January 12, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOAN WITKOWSKI, *
*
Petitioner, *
* Damages Decision Based on Proffer;
v. * Influenza Vaccine (“Flu Vaccine”);
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 9, 2015, Joan Witkowski (“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 right sided bursitis and a focal, partial thickness tear in the posterior
supraspinatus tendon at the distal bursal surface caused by the influenza vaccination
she received on October 23, 2014. Petition at ¶¶ 1, 5-6. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On November 21, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 31). On January 12, 2017, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
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-01345-UNJ Document 47 Filed 06/14/17 Page 2 of 4
awarded $75,000.00. Proffer at 1. In the Proffer, respondent represented that
petitioner agrees with the 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 $75,000.00 in the form of a check payable to
petitioner, Joan Witkowski. 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-01345-UNJ Document 47 Filed 06/14/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOAN WITKOWSKI,
Petitioner,
v. No. 15-1345V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 21, 2016, respondent filed an amended Rule 4(c) Report, in which she
recommended that the Court find petitioner entitled to compensation, and also on November 21,
2016, the Court entered its Ruling on Entitlement, finding petitioner entitled to compensation.
Respondent now proffers that petitioner receive an award of a lump sum of $75,000.00 in the
form of a check payable to petitioner. This amount represents compensation for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled. 1
Petitioner agrees with the proffered award of $75,000.00. 2
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 medical
expenses, future pain and suffering, and future lost wages.
2 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
1

Case 1:15-vv-01345-UNJ Document 47 Filed 06/14/17 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: January 12, 2017
2