VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01426
Package ID: USCOURTS-cofc-1_15-vv-01426
Petitioner: Marcella Bennett
Filed: 2015-11-24
Decided: 2017-02-14
Vaccine: influenza
Vaccination date: 2012-12-05
Condition: left shoulder injuries, rotator cuff impingement and partial tear of the anterior supraspinatus tendon
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Marcella Bennett filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered injuries to her left shoulder, including rotator cuff impingement and a partial tear of the anterior supraspinatus tendon, as a result of an influenza vaccination she received on December 5, 2012. She further alleged that she suffered residual effects from this injury for more than six months. Initially, Ms. Bennett had filed a medical malpractice suit against Walgreens, but she voluntarily dismissed it after conferring with the Respondent. The case was assigned to the Special Processing Unit. In a Rule 4(c) report filed on April 1, 2016, the Respondent conceded that a preponderance of the evidence established that Ms. Bennett's left shoulder injury was caused-in-fact by the flu vaccine and that the statutory six-month sequela requirement was satisfied. Based on this concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Bennett entitled to compensation. Subsequently, on October 27, 2016, the Respondent filed a proffer on award of compensation, proposing an award of $125,000.00, which Ms. Bennett agreed to. This amount was intended to compensate for all damages available under the Act. The Chief Special Master issued a decision awarding Ms. Bennett a lump sum payment of $125,000.00.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01426-0
Date issued/filed: 2016-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/04/2016) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01426-UNJ Document 28 Filed 09/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1426V
Filed: April 4, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARCELLA BENNETT, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Robert Bates, III, Law Offices of Tony Seaton, PLLC, Johnson City, TN, for petitioner.
Glenn MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 24, 2015, Marcella Bennett (“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 “injuries, including left shoulder injuries, rotator cuff impingement and partial
tear of the anterior supraspinatus tendon, resulting from adverse effects of a [sic]
influenza vaccination received on December 5, 2012.” Petition at 1; accord. Petition at
¶¶ 1 -5, 8. Petitioner further alleges that she has suffered the residual effects of her
injury for more than six months. Id. at ¶ 9. Petitioner “originally filed a medical
malpractice suit against Walgreens, but later voluntarily dismissed the same after
conferring with the Respondent.” Id. at ¶ 10; see Exhibit 7 (notice and order of
dismissal of petitioner’s civil action). 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-01426-UNJ Document 28 Filed 09/19/16 Page 2 of 2
On April 1, 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 a preponderance of evidence
establishes that the injury to petitioner’s left shoulder was caused-in-fact by the
administration of her December 5, 2012 flu vaccine, and that petitioner’s injury is not
due to factors unrelated to the administration of the December 5, 2012, flu vaccine.” Id.
at 5 (citation omitted). Furthermore, respondent concluded that “the statutory six month
sequela requirement has been satisfied . . . [and petitioner’s] left shoulder injury is
compensable under the Act as a ‘caused-in-fact’ shoulder injury related to vaccine
administration.” 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-01426-1
Date issued/filed: 2017-02-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/27/2016) regarding 30 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01426-UNJ Document 32 Filed 02/14/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1426V
Filed: October 27, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARCELLA BENNETT, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Robert Bates, III, Law Offices of Tony Seaton, PLLC, Johnson City, TN, for petitioner.
Glenn MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 24, 2015, Marcella Bennett (“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 alleged that she
suffered “injuries, including left shoulder injuries, rotator cuff impingement and partial
tear of the anterior supraspinatus tendon, resulting from adverse effects of a [sic]
influenza vaccination received on December 5, 2012.” Petition at 1; accord. Petition at
¶¶ 1-5, 8. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 4, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 29). On October 27, 2016, respondent
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-01426-UNJ Document 32 Filed 02/14/17 Page 2 of 4
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
awarded $125,000.00. 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 $125,000.00 in the form of a check payable to
petitioner, Marcella Bennett. 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-01426-UNJ Document 32 Filed 02/14/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
*
MARCELLA BENNETT, *
*
Petitioner, *
*
v. * No. 15-1426V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 4, 2016, the Chief Special Master found that a preponderance of the medical
evidence indicates that petitioner suffered a left shoulder injury related to vaccine administration
(“SIRVA”), which was causally related to the influenza (“flu”) vaccination she received on
December 5, 2012. The parties now address the amount of compensation to be awarded in this
case.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$125,000.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
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 and future pain and suffering.

Case 1:15-vv-01426-UNJ Document 32 Filed 02/14/17 Page 4 of 4
II. Form of the Award
Petitioner is a competent adult. Accordingly, the parties recommend that the
compensation provided to petitioner should be made through a lump sum payment of
$125,000.00 in the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
s/ GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4122
DATE: October 27, 2016
2