VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01439
Package ID: USCOURTS-cofc-1_15-vv-01439
Petitioner: Sandra Malone
Filed: 2015-12-01
Decided: 2016-08-05
Vaccine: influenza
Vaccination date: 2014-10-22
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 102501

AI-assisted case summary:
Sandra Malone filed a petition on December 1, 2015, alleging a left shoulder injury following an influenza vaccination administered on October 22, 2014. The case was assigned to the Special Processing Unit. The respondent conceded entitlement, agreeing that the evidence established that the injury to petitioner's left shoulder was caused-in-fact by the administration of the flu vaccine and that the statutory six-month sequela requirement was satisfied. On February 18, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Malone entitled to compensation. Subsequently, on June 23, 2016, the respondent filed a proffer proposing an award of $102,501.29, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner agreed with the proffered award. On August 5, 2016, Chief Special Master Dorsey issued a decision awarding Sandra Malone a lump sum payment of $102,501.29, payable by check to Ms. Malone, as compensation for all damages. Petitioner was represented by Anne Carrion Toale of Maglio Christopher and Toale, and respondent was represented by Christine Becer of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the precise mechanism of injury.

Theory of causation field:
Petitioner Sandra Malone alleged a left shoulder injury, specifically SIRVA, following an influenza vaccination on October 22, 2014. Respondent conceded entitlement, finding that a preponderance of the evidence established that the left shoulder injury was caused-in-fact by the vaccine and met the statutory requirements, including the six-month sequela period. The case was handled under the Special Processing Unit. Chief Special Master Nora Beth Dorsey ruled on entitlement on February 18, 2016. A subsequent proffer on award of compensation, filed by respondent on June 23, 2016, proposed an award of $102,501.29, which petitioner accepted. This amount was awarded as a lump sum on August 5, 2016. The theory of causation was considered "Off-Table." The public text does not name specific medical experts or detail the mechanism of injury beyond the concession of a vaccine-caused shoulder injury (SIRVA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01439-0
Date issued/filed: 2016-05-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/18/2016) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01439-UNJ Document 21 Filed 05/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1439V
Filed: February 18, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SANDRA MALONE, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza;
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner.
Christine Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 1, 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 experienced a left shoulder
injury following receipt of her October 22, 2014 influenza vaccine.. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 17, 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 October 22, 2014, flu vaccine, and that petitioner’s injury is not
due to factors unrelated to the administration of the flu vaccine.” Id. at 3. Respondent
further agrees that the statutory six month sequela requirement has been satisfied. Id.
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. 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-01439-UNJ Document 21 Filed 05/06/16 Page 2 of 2
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01439-1
Date issued/filed: 2016-08-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/23/2016) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01439-UNJ Document 34 Filed 08/05/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1439V
Filed: June 23, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SANDRA MALONE, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza;
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Christine Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 1, 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”). Petitioner alleges that she suffered a shoulder injury following
administration of her October 22, 2014, influenza vaccination. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On February 18, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her shoulder injury. On June 23, 2016, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$102,501.29. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
with the proffered award. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer.
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-01439-UNJ Document 34 Filed 08/05/16 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $102,501.29 in the form of a check payable to
petitioner, Sandra Malone. 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-01439-UNJ Document 34 Filed 08/05/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
SANDRA MALONE, )
)
Petitioner, )
) No. 15-1439V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$102,501.29 which 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 to petitioner should be made
through a lump sum payment of $102,501.29 in the form of a check payable to petitioner.
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 lost earnings, and future pain and suffering.

Case 1:15-vv-01439-UNJ Document 34 Filed 08/05/16 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
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Date: June 23, 2016
2