VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01392
Package ID: USCOURTS-cofc-1_15-vv-01392
Petitioner: Gail Boteler
Filed: 2016-03-04
Decided: 2016-05-10
Vaccine: influenza
Vaccination date: 2014-10-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 112500

AI-assisted case summary:
Gail Boteler filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination she received on October 29, 2014. The petition stated that the vaccination was received in the United States and that the residual effects of the injury lasted for more than six months. The case was assigned to the Special Processing Unit. On March 3, 2016, the respondent filed a Rule 4(c) report and Proffer on Damages, conceding that the case was appropriate for compensation. Specifically, the respondent agreed that the petitioner's alleged injury was consistent with SIRVA, that the SIRVA was caused-in-fact by the flu vaccination received on October 29, 2014, that no other causes for the SIRVA were identified, and that the statutory six-month sequela requirement had been satisfied. The respondent also proffered that, based on the evidence of record, the petitioner should be awarded $112,500.00, representing all elements of compensation available under the statute, and stated that the petitioner agreed with this proffered award. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey found the petitioner entitled to compensation. The Chief Special Master awarded the petitioner a lump sum payment of $112,500.00, payable to Gail Boteler, representing compensation for all damages available under § 15(a). Judgment was to be entered accordingly. Petitioner's counsel was Maximillian Muller of Muller Brazil, LLP. Respondent's counsel was Ryan Pyles of the U.S. Department of Justice.

Theory of causation field:
Petitioner Gail Boteler alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 29, 2014. The respondent conceded that the injury was consistent with SIRVA, that it was caused-in-fact by the vaccination, that no other causes were identified, and that the six-month sequela requirement was met. The public decision does not describe the specific mechanism of injury, expert testimony, or the onset of symptoms. The case proceeded based on the respondent's concession and the evidence of record. Chief Special Master Nora Beth Dorsey ruled on entitlement and awarded damages. The parties stipulated to an award of $112,500.00, representing all elements of compensation under § 15(a). The decision was issued on May 10, 2016. Petitioner was represented by Maximillian Muller, and respondent was represented by Ryan Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01392-0
Date issued/filed: 2016-05-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/04/2016) 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-01392-UNJ Document 22 Filed 05/10/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1392V
Filed: March 4, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GAIL BOTELER, *
*
Petitioner, * Ruling on Entitlement; Damages
* Decision Based on Proffer;
* Concession; Influenza Vaccination;
SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, * Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES 1
Dorsey, Chief Special Master:
On November 17, 2015, 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 vaccination she received on October 29, 2014. Petition at 1, ¶
18. Petitioner further alleges that she received the vaccination in the United States and
suffered the residual effects of her injury for more than six months. Id. at ¶¶ 2, 18-19.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 3, 2016, respondent filed her Rule 4(c) report and Proffer on Damages
in which she concedes that that the case is appropriate for compensation.
Respondent’s Rule 4(c) Report and Proffer on Damages at 1. Specifically, respondent
agrees “that petitioner’s alleged injury is consistent with a shoulder injury related to
vaccine administration (SIRVA) . . . [and] further agrees that petitioner’s SIRVA was
1 Because this unpublished ruling and 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, 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-01392-UNJ Document 22 Filed 05/10/16 Page 2 of 2
caused-in-fact by the flu vaccination she received on October 29, 2014.” Id. at 3.
Respondent further agrees that “[n]o other causes for petitioner’s SIRVA were identified
. . . [and] the statutory six month sequela requirement has been satisfied.” Id. (citations
omitted).
Additionally, “[r]espondent proffers that, based on the evidence of record,
petitioner should be awarded $112,500.00” which represents all elements of
compensation to which petitioner would be entitled under § 15(a). Respondent’s 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 before me, 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 at 3, the undersigned awards petitioner a lump sum payment of
$112,500.00 in the form of a check payable to petitioner, Gail Boteler. This amount
represents compensation for all damages that would be available under § 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.